KAMLANAND THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A question whether passing of departmental accounts examination is a condition precedent for grant of benefits under Assured Career Progression under the Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003 (hereinafter referred to as the 'ACP Rules') has once again arisen in the present writ application. The petitioner is claiming grant of the benefits under the said A.C.P. Rules, which is being denied on the ground that he has not passed the departmental accounts examination.

(2.) Upon hearing Mr. Prashant Sinha, learned counsel for the petitioner, Mr. Anjani Kumar, learned Additional Accountant General-4 for the State of Bihar and Mr. Prabhat Ranjan, learned Accountant General with reference to various judicial pronouncements of this Court, it has clearly emerged that conflicting and divergent views have been expressed on this issue in various Division Bench decisions of this Court.

(3.) Before referring to the said Division Bench decisions, it is significant to note that a question had arisen before a Full Bench of this Court in case of Maheshwar Prasad Singh Vs. State of Bihar, reported in 2000 (4) PLJR 262 as to whether the clerks working in the mufassil office were required to pass the departmental examination in accounts for promotion to selection grade. It would be evident from the very opening paragraph of the decision in case of Maheshwar Prasad Singh (supra) and paragraph 3 of the said decision that the core of the dispute in the said case was whether passing of the accounts examination was an essential condition without which the clerks could not be promoted to selection grade.