Court rules that departmental exam completion is not a prerequisite for ACP/MACP financial benefits for state employees facing career stagnation.
In a landmark judgment, the Jharkhand High Court dismissed an appeal by the State of Jharkhand, reaffirming the right of employees to receive Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) benefits without the necessity of passing departmental examinations. The Division Bench, comprising Chief Justice M.S Sonak and Justice Rajesh Shankar, upheld the decision of a Single Judge that favored Mohan Rajak, a junior accounts clerk, in his quest for career progression benefits.
The court emphasized that the primary objective of the ACP and MACP schemes is to offer financial relief to employees experiencing stagnation due to limited promotional opportunities. The judgment clarified that the schemes are designed to ensure that employees receive financial upgrades after a specific period of service, even if they do not meet the promotion-related conditions typically required, such as passing departmental exams.
Mohan Rajak, who joined service on March 1, 1988, had already been granted the 1st ACP and 2nd MACP benefits in 2000 and 2008, respectively. However, his request for the 3rd MACP was initially denied by the state on grounds that he had not completed all required departmental exams. The High Court, however, ruled that the denial was unjust, particularly as the relevant rules from 2018 could not retrospectively affect benefits already conferred.
The court's decision mandates the state to confirm Rajak's service from his original joining date and maintain his previously granted ACP/MACP benefits. It also instructs the state to extend the 3rd MACP benefit, regardless of his departmental exam status, aligning with the schemes' intent to counteract career stagnation.
The ruling is expected to have broad implications for similar cases, reinforcing that bureaucratic prerequisites should not hinder employees from receiving benefits meant to address stagnation in public service careers.
Bottom line:-
Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) schemes are incentive measures for employees facing stagnation due to lack of promotional avenues. Fulfillment of promotion-related conditions is not necessary for granting monetary benefits under these schemes.
Statutory provision(s): Jharkhand Accounts Clerical Service Cadre (Recruitment, Promotion & Terms of Service) Rules, 2018
State of Jharkhand v. Mohan Rajak, (Jharkhand)(DB) : Law Finder Doc id # 2944618
