Patna High Court
Employment and Labour LawAdministrative and Public Law

Two pre-ACP promotions and retirement before MACP implementation bar eligibility for ACP/MACP benefits.

Puneshwar Roy vs The State of Bihar

Patna High CourtJUDGMENT: October 06, 20261 MIN READSOURCE JUDGMENT
Two pre-ACP promotions and retirement before MACP implementation bar eligibility for ACP/MACP benefits.. Puneshwar Roy vs The State of Bihar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner entered service in 1974 and later served as an Assistant Jailor. He retired on 30 June 2007.

Source reference: pp. 2–4

He sought the benefit of ACP/MACP and challenged the departmental rejection of his claim.

Source reference: pp. 2–4

The State opposed the claim on the ground that he had received two promotions before the ACP scheme was implemented in 2003 and had retired before the MACP scheme took effect in 2009/2010.

Source reference: pp. 2–4

The Court dismissed the writ petition on those grounds.

Source reference: p. 5
02

Issues

Whether the petitioner was entitled to ACP despite having received two promotions before implementation of the ACP scheme in 2003.

Source reference: pp. 4–5

Whether the petitioner was entitled to MACP after retiring on 30 June 2007, before implementation of the MACP scheme.

Source reference: pp. 4–5
03

Law Applied

The Court applied the scheme implementation dates stated in the judgment: the ACP scheme took effect in 2003, and the MACP scheme took effect on 1 January 2009.

Source reference: pp. 4–5

It accepted that an employee who had already received two promotions before implementation of the ACP scheme was not entitled to ACP, and that a person who retired before implementation of the MACP scheme was not entitled to MACP.

Source reference: pp. 4–5

The judgment cites no specific statutory provision, rule text, or precedent.

Source reference: no citation
04

Reasoning

The Court accepted the State’s position that the petitioner had received two promotions before the ACP scheme came into effect.

Source reference: pp. 4–5

It further noted that he retired in 2007, before the MACP scheme’s implementation on 1 January 2009. On that basis, it held that neither scheme entitled him to the relief sought.

Source reference: pp. 4–5
05

Holding

The Court held that the petitioner was not entitled to ACP or MACP.

The Court dismissed the writ petition.

Source reference: p. 5
Patna High Court

Original Court PDF

Puneshwar RoyvsThe State of Bihar

Patna High Court · October 06, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment