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2022 Supreme(Pat) 208

RAJAN GUPTA, MOHIT KUMAR SHAH
State Of Bihar – Appellant
Versus
Krishna Singh S/o-Late Radha Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.Raza Ahmad, Mr. Anisul Haque, Adv
For the Respondents: Mr. Mritunjay Kumar, Adv.

JUDGMENT :

RAJAN GUPTA, J.

The present appeal has been filed against the judgment dated 20.12.2017 passed by a learned Single Judge of this Court in CWJC No. 19307 of 2013 whereby and where under the writ petitioner has been held entitled for consideration for grant of ACP under the scheme.

2. The brief facts giving rise to the present Appeal are that the writ petitioner had been denied benefit of Assured Career Progression (hereinafter referred to as “ACP”) on account of non-passing of the departmental accounts examination vide letter dated 22.02.2011 issued by the Executive Engineer, Water Resources Department, Kaimur, Bhabua, which was challenged by the writ petitioner in the aforesaid writ petition bearing CWJC No. 19307 of 2013. The learned Single Judge, by the impugned judgment dated 20.12.2017, has referred to the authorities on the subject matter and has held that the writ petitioner was not required to pass any departmental examination for consideration of his case for grant of ACP especially in view of the fact that his case is squarely covered by a Division Bench judgment of this Court rendered in the case of Uday Shankar Prasad vs. The State of Bihar & Ors., reported in 20

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