Failure to pass a departmental examination cannot postpone ACP/MACP financial upgradation.

The petitioner was appointed as a Junior Accounts Clerk in the Bihar Public Works Department on 12 February 1972 and was subsequently transferred to the National Highways Wing. He was granted the second ACP/MACP benefit with effect from 26 November 2009, after obtaining exemption from the departmental accounts examination in 2011.

He superannuated on 31 January 2012.

After retirement, he sought grant of the third MACP. His representations were not acted upon, leading him to file CWJC No. 691 of 2018, which was disposed of with a direction to the competent authority to pass a reasoned order on his representation.

Pursuant to that direction, the matter was considered by the Screening Committee, which rejected his claim by order dated 23 February 2018 contained in Memo No. 182 Anu.

The petitioner challenged that rejection and sought third MACP benefits, consequential arrears, and interest.

1. Whether passing the departmental accounts examination was a condition precedent for grant of ACP/MACP financial progression?

2. Whether the ten-year period for grant of the third MACP had to be computed from the date on which the second MACP was formally granted, or from the date on which the petitioner became otherwise eligible, notwithstanding the delayed exemption from the departmental examination?

3. Whether the petitioner’s failure to challenge the delayed grant of the second MACP earlier