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2024 Supreme(Online)(Pat) 1828

PATNA HIGH COURT
Kamod Narayan Kumar @ Kumod Narayan Kumar – Appellant
Versus
The State of Bihar – Respondent


ORAL JUDGMENT

Date : 23-01-2024 The present writ petition has been filed seeking the following reliefs:-

“i. For issuance of appropriate writ(s)/ rule(s)/ direction(s) in the nature of mandamus commanding the concerned respondents for grant of the benefits of Accelerated Carrier Progression (A.C.P.) and Modified Accelerate Carrier Progression (M.A.C.P.) to the petitioner from due date and for payment of all consequential benefits thereof.

ii. For quashing of the order passed by the Collector, Samastipur, issued vide Memo No. 823 dated 11.4.22, by which the petitioner's claim for grant of ACP/MACP has been rejected, on erroneous consideration even without considering the Judgment and Order dated 09.04.2019 passed in C.W.J.C. No.5438 of 2019.”

2. At the outset, the learned counsel for the petitioner, while assailing the impugned order dated 11.04.2022, passed by the District Magistrate, Samastipur, submits that the case of the petitioner for grant of the benefits of ACP/MACP scheme has been rejected merely on the ground that the petitioner has not been able to produce proof of passing the first paper of the departmental accounts examination finally. It is submitted that it is a well set

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