the coming into force of the Bihar Nationalized Elementary School Teachers Promotion Rules, 2011 since Rule 13(2) of the Rules, 1993 itself provides that the untrained teachers would be granted time bound promotion according to the Rules framed by the Government in the said regard from time to time like other employees of the State Government. Now coming to the 2011 Rules, which have come into force with effect from 1.9.2011, this Court finds that Rule 16 thereof prohibits grant of promotion in any grade to the untrained teacher, however, the same does not prohibit grant of financial up-gradation for the purposes of removing stagnation in service. In any view of the matter, it is a well settled principle of law that grant of benefits of ACP /MACP is not a promotion, but merely, a measure to remove stagnation in the service career of an employee. Although, this Court finds that the petitioner was granted second ACP with effect from 1.1.2009 i.e. prior to the coming into force of the 2011 Rules with effect from 1.9.2011, thus, the same can also not be touched on the principles laid down by this Court hereinabove, but nonetheless, this Court further holds that since the 2011 Rules merely prohibits grant of promotion to the untrained teachers, there is no bar to grant of financial upgradations to the untrained teachers, in accordance with the
