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2022 Supreme(Pat) 951

MOHIT KUMAR SHAH, RAJAN GUPTA
State of Bihar – Appellant
Versus
Ram Subhag Singh, S/o. Late Chandrama Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anjani Kumar, AAG-4, Mr. Deepak Sahay Jamuar, AC to AAG-4, Mr. Sanjay Kumar (AC to AAG-4).

JUDGMENT :

Rajan Gupta, J.

1. The instant appeal has been preferred against the order dated 07.08.2019 passed by the learned Single Judge in CWJC No. 8087 of 2015, whereby and whereunder the claim of the petitioner regarding grant of assured career progression without passing of the departmental examination has been held to be squarely covered by a decision rendered in the case of Ramadhar Thakur vs. The State of Bihar & Ors. passed by the learned Division Bench of this Court in LPA No. 599 of 2015, and accordingly, the respondents-appellants herein have been directed to consider the claim of the petitioner for grant of the due benefit under the ACP and MACP scheme without raising any objection regarding passing of the departmental exam.

2. The learned senior counsel for the appellant-State has referred to a judgment rendered by the learned Division Bench of this Court in the case of the State of Bihar & others vs. Anjani Kumar, reported in 2013 (2) PLJR 643 to submit that a learned Division Bench of this Court has held that there is no provision for exemption from passing departmental accounts examination for the purposes of grant of promotion/ACP. It is also submitted that the said

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