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2000 Supreme(Pat) 1130

RADHA MOHAN PRASAD, S.N.JHA, AFTAB ALAM
Maheshwar Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.N.Jha, J.

1. A common question of law arises for decision in all these writ petitions and, as such, they have been heard together. The question is whether the clerks working in the Muffasil offices are required to pass the departmental examination in accounts for promotion to selection grades. A Division Bench of this Court in Md. Shamsuddin & ors. V/s. State of Bihar, 1983 PLJR 347, has answered the question in the negative. It has been held that after amalgamation of the posts of Lower Division and Upper Division clerks and creation of new cadre, the clerks are not required to pass the Accounts examination for promotion to the selection grades. When some of these cases came up for hearing on 25.2.94 the correctness of the said decision was doubted and the cases were referred to Division Bench. The Division Bench before which the cases were placed for hearing noticed that the point at issue had already been referred to Full Bench in C.W.J.C.No.989 on 9.8.89. Accordingly, these cases were ordered to be heard by a Full Bench along with C.W.J.C. No.989 of 1989. It so happened that C.W.J.C. No.989 of 1989 was withdrawn by the concerned petitioners and thus the cases in hand












































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