CHOUDHARY BIMAL KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent-authorities to grant the benefits of A.C.P./ M.A.C.P. to the petitioner herein from the due date, after granting exemption from passing the departmental examination.

(2.) The learned counsel for the petitioner has submitted that the petitioner had joined the services of the respondent-State as Clerk-cum-Cashier in the Office of District Adult Education, Bhagalpur on 22.04.1985 and thereafter, he had been transferred from one place to another and lastly, he has retired while working on the post of Clerk-cum-Typist in the Office of Child Development Project, Ujiyarpur (Samastipur), on 31.03.2021 but he has not been given the benefits of A.C.P./M.A.C.P. It is submitted that according to the resolution of the Personnel and Administrative Reforms Department, Government of Bihar, Patna dated 15.05.1992, the Gazetted and Non-Gazetted employees of the State Government, who have attained the age of 50 years, are exempted from passing the departmental examination for the purposes of grant of the benefits of A.C.P./M.A.C.P.

(3.) The learned counsel appearing for the respondent-State has submitted that the issue in question is no longer res integra, insmuch as the same has already been adjudged by the learned Division Bench of this Court in a judgment rendered in the case of State of Bihar and Ors. vs. Smt. Jivachi Devi, reported in 2020(2) BLJ 471, paragraphs no. 5 to 9 whereof are reproduced hereinbelow:-