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2023 Supreme(SC) 753

B. R. GAVAI, PANKAJ MITHAL
Amresh Kumar Sinha & Ors. Etc. Etc. – Appellant
Versus
State Of Bihar & Ors. Etc. Etc. – Respondent


JUDGMENT :

PANKAJ MITHAL, J.

1. Leave granted.

2. Heard Shri Navniti Prasad Singh, learned Senior Advocate leading the arguments on behalf of the appellants, Mr. Saket Singh and Mr.Samir Ali Khan, learned counsel appearing for the State of Bihar.

3. These appeals have been preferred by the appellants as against the common judgment and order dated 05.02.2019 of the Division Bench of the High Court of Judicature at Patna whereby the Letter Patent Appeals (LPAs) of the respondents have been allowed and the judgment and order of the learned Single Judge dated 28.11.2017 allowing the writ petitions has been set aside.

4. The appellants were appointed as Accounts Clerks where the minimum qualification was intermediate. The cadre of Junior Accounts Clerk and Senior Accounts Clerk which existed prior to 1980 merged with effect from 1st May, 1980 and a common cadre of Accounts Clerk came into existence. In 1999, the demerger of the cadre took place and the Clerks came to be retained in their respective cadres without any promotional avenues.

5. The appellants invoked the writ jurisdiction of the court seeking benefit of Assured Career Progression (ACP) on completion of 12 years of service to avoi

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