Mala Devi vs State of Bihar - 2024 Supreme(Pat) 81

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 81

ANIL KUMAR SINHA
Mala Devi – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: Mr. Rakesh Prabhat.
For the Respondents: Mr. Madan Jeet Kumar, G.P.-20.

Anil Kumar Sinha, J. – Heard the parties.

2. The petitioner joined as clerk on 02.06.1999 in the Office of District School Inspector, Purnea. Vide letter no. 460 dated 09.08.2019. He was granted 1st MACP with effect from 31.08.2018 i.e. the date of exemption from passing the Departmental Examination. Immediately, thereafter vide letter no. 733 dated 22.10.2019, the date of grant of first MACP was modified to 02.06.2009 i.e. after completion of ten years of service of the petitioner. The petitioner was granted second MACP vide letter no. 98 dated 29.01.2021 with effect from 02.06.2019 i.e. after 20 years of the initial date of joining.

3. Learned counsel for the petitioner submits that on the objection raised by the District Accounts Officer, the RDDE, Purnea vide letter no. 1100 dated 11.10.2022 (Annexure-4) modified the date of first MACP with effect from 31.08.2018 and accordingly second MACP was withdrawn/cancelled. Learned counsel next submits that the Division Bench of this Court in L.P.A. No. 599 of 2015 dated 19.03.2018 (Ramadhar Thakur vs. the State of Bihar and Ors.) has held that passing of Departmental Accounts Examination is not a condition precedent for grant of Assured

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