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2021 Supreme(Jhk) 792

SUJIT NARAYAN PRASAD, AMBUJ NATH
State of Jharkhand – Appellant
Versus
Surendra Choudhary, son of late Ram Sharan Choudhary – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ashutosh Anand, A.A.G.III

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 Joi

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