JUDGMENT :

Sujit Narayan Prasad, J.

The instant intra-court appeal under Clause 10 of the Letters Patent is preferred against order/judgment dated 23.02.2021 in W.P.(S) No.4631 of 2017 whereby and whereunder, the learned Single Judge quashed the order as contained in letter dated 26.04.2017, by which the appellants-State refused to confirm the services of the writ petitioner as also extend the benefits MACP/ACP, and directed to issue the order of confirmation with regard to petitioner and consequently grant the benefit of 1st and 2nd ACP.

2. The brief facts of the case, as per the pleading made in the writ petition, which require to be enumerated, read hereunder as:

The writ petitioner was appointed vide order dated 04.07.1980 in terms of advertisement for appointment on the post of Clerk in Commercial Taxes Department in the erstwhile State of Bihar floated in the year 1979. After his appointment, he started to discharge his duties as Clerk at Darbhanga, Bihar wherefrom he was transferred to Jamshedpur Division vide order dated 16.01.1985.

It is the case of the writ petitioner that he qualified the requisite typing test as would be evident from letter dated 16.10.1981 issued by the Joint Commissioner, Commercial Taxes, Darbhanga, as such recommendation for confirmation of his service was made. He has further passed the requisite Hindi noting and drafting examination, as would be evident from letter dated 22.12.1983. The petitioner has also passed the Accounts Examination, as would be evident from letter dated 11.05.1994 issued by the Revenue Department. But, even after completing 33 years of service no order of confirmation of service was passed till his retirement i.e. 31.03.2013.

Being aggrieved, the petitioner approached this Court by filing writ petition being W.P. (S) No. 6480 of 2012, which was disposed of vide order dated 11.12.2012 with a direction to respondent no. 2-the concerned competent authority to take appropriate decision on the representation of the petitioner within a stipulated period. Pursuant thereto, the writ petitioner submitted representation before the competent authority which was rejected vide order dated 20.02.2013.

Aggrieved thereof, the writ petitioner again approached this Court by filing writ petition being W.P.(S) No. 1437 of 2013, which was allowed vide order dated 13.11.2013, whereby order dated 20.02.2013 was quashed and direction was issued to pass fresh order regarding confirmation of service of the petitioner and on his claim for benefits of 1st and 2nd ACP maintaining equality with the case of the similarly situated employee and also pass order regarding payment of admitted dues of salary and post retiral benefits within a stipulated period. Pursuant thereto the competent authority of the State passed order dated 02.12.2014 whereby claim of the petitioner for confirmation of service and extending the benefit of ACP/MACP was rejected.

Being dissatisfied with order dated02.12.2014 the writ petitioner filed W.P. (S) No. 295 of 2015 which was disposed of vide order dated 26.10.2015 in terms of order dated 09.09.2015 passed in W.P. (S) No. 259 of 2013 [Manoj Kumar Sinha Vs. State of Jharkhand & Ors] holding that the case of the present writ petitioner is required to be considered by the respondent-Department through the procedure evolved and taking into consideration judgment passed in Manoj Kumar Sinha (supra).The case of the writ petitioner was again considered and rejected vide order dated 26.04.2017.

The writ petitioner questioning order dated 26.04.2017 approached this Court by filing W.P. (S) No. 4631 of 2017. The learned Single Judge, after appreciating the arguments advanced by the parties, quashed order dated 26.04.2017 and directed the respondents-authorities to issue confirmation order with regard to service of the petitioner and consequential order for granting the benefits of 1st ACP and 2nd ACP, which is the subject matter of present intra-court appeal

3. Mr. Ashutosh Anand, learned A.A