Back
ASHUTOSH KUMAR, NANI TAGIA PARTHA SARTHY
Kamlanand Thakur – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – A Single Judge of this Court in Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017) [: 2021 (6) BLJ 260], while dealing with the issue, viz., whether passing of Departmental Accounts Examination is a condition precedent for grant of benefits under the Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003 (hereinafter referred to as the A.C.P. Rules), referred the matter to a larger Bench, formulating the following questions to be decided: –
(I) Whether Clause [J] of sub-rule (3) of Rule 157 of the Bihar Board's Miscellaneous Rules, 1958 applies for grant of Assured Career Progression under the Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003?
(II) Whether Clause [J] of sub- Rule (3) of Rule 157 of the Bihar Board's Miscellaneous Rules, 1958 is confined to passing of preliminary examination in accounts/final examination in accounts for the purposes of confirmation, crossing the efficiency bar and promotion to selection grade only and not for regular promotion.
(III) Any other ancillary question(s) arising out of the above-mentioned issues/questions.
2. Similarly, a Di
Eligibility for benefits under the ACP/MACP Scheme is conditional upon passing relevant departmental examinations, which is mandatory for promotion.
Passing the departmental accounts examination is not a condition precedent for the grant of A.C.P./M.A.C.P. benefits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
