Shambhu Baitha vs State of Bihar - 2023 Supreme(Pat) 787

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 787

MOHIT KUMAR SHAH
Shambhu Baitha – Appellant
Versus
State of Bihar – Respondent

Advocates appeared:
For the Petitioner: M/s Tej Bahadur Singh, Sr. Adv., Brisketu Sharan Pandey.
For the Respondents: M/s Sitaram Yadav, GP-16, Yatindra Narayan, AC to GP-16.

Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following relief: –

“1. That, the petitioner craves indulgence of this Hon'ble Court for issuance of appropriate writ / writs directing the Respondents to consider the case of the petitioner for granting him Third Assured Career Progression with effect from 2012 since when he completed 30 years of service in the cadre of Clerk working in the office of Civil Surgeon cum Chief Medical Officer, Sitamarhi, Respondent no.4., and after granting such promotion give him all consequential monetary benefit accruing on account of the aforesaid promotion.”

2. The learned counsel for the respondent- State has submitted, by referring to the counter affidavit filed in the present case, which is though not on record, that although the petitioner is entitled for grant of third ACP/MACP but he has not been granted the same on account of non-passing of the second paper of the accounts examination. It is also submitted that the petitioner had passed the accounts examination only on 01.01.2011, hence he became entitled to grant of the benefits of second A.C.P. on 01.01.2011. Thus, consequently, the petitioner would become entitl

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