A graduate Family Planning Worker with two years’ experience is entitled to notional promotion.

The petitioner was appointed as a Male Family Planning Worker on 13 October 1987 and retired on 28 February 2021.

He obtained a Shastri Honours degree, stated to be equivalent to graduation, in June 2018 after obtaining departmental permission.

He sought promotion to Block Extension Educator under the Bihar Government circular dated 11 January 1993, and also claimed higher ACP/MACP benefits.

The State submitted that he had already received third ACP/MACP in the grade pay of Rs. 2,800 and was not entitled to further benefits.

The Court declined the State’s request for time to file a further counter affidavit.

1. Whether the petitioner was entitled to promotion to Block Extension Educator after acquiring a degree and completing the required period of work experience under the circular dated 11 January 1993.

2. Whether the petitioner was entitled to further ACP/MACP benefits.

The Court relied on paragraph 6 of the Bihar Government circular dated 11 January 1993.

As understood by the Court, a graduate Male Family Planning Worker with at least two years’ work experience could be considered for promotion or appointment as Block Extension Educator, subject to the prescribed procedures for appointment or promotion.

No statute or judicial precedent was cited.

The petitioner obtained his degree in June 2018 and had substantially more than two years’ work experience.

The State did not specifically respond to the petitioner’s reliance on paragraph 20 of the writ petition concerning the circular and its eligibility conditions.

Applying the circular, the Court held that the petitioner became eligible for promotion in June 2020 and fixed the effective date as 1 July 2020, before his retirement on 28 February 2021.

The Court separately declined further ACP/MACP relief.

It directed the concerned authority to grant the petitioner notional promotion to Block Extension Educator with effect from 1 July 2020 and to provide the consequential benefits attached to that promotion within three months of production of the order.

No further ACP/MACP benefit was granted.