STATE OF BIHAR Vs. RAM SUBHAG SINGH

JUDGEMENT

(1.) The instant appeal has been preferred against the order dtd. 7/8/2019 passed by the learned Single Judge in CWJC No. 8087 of 2015, whereby and whereunder the claim of the petitioner regarding grant of assured career progression without passing of the departmental examination has been held to be squarely covered by a decision rendered in the case of Ramadhar Thakur vs. The State of Bihar and Ors. passed by the learned Division Bench of this Court in LPA No. 599 of 2015, and accordingly, the respondents-appellants herein have been directed to consider the claim of the petitioner for grant of the due benefit under the ACP and MACP scheme without raising any objection regarding passing of the departmental exam.

(2.) The learned senior counsel for the appellant-State has referred to a judgment rendered by the learned Division Bench of this Court in the case of the State of Bihar and others vs. Anjani Kumar, reported in 2013(2) PLJR 643 to submit that a learned Division Bench of this Court has held that there is no provision for exemption from passing departmental accounts examination for the purposes of grant of promotion/ACP. It is also submitted that the said judgment rendered in the case of Anjani Kumar (supra) has been upheld by the Hon'ble Apex Court by an order dtd. 10/3/2014 passed in SLP (Civil) No. 19182 of 2013, whereby and whereunder the SLP has been dismissed in limine.

(3.) We have heard the learned senior counsel for the appellant and find that much water has flown since the passing of the aforesaid order dtd. 7/3/2013 in the case of Anjani Kumar (supra) by the learned Division Bench inasmuch the issue under consideration in the present appeal is no longer res integra since the view taken by the learned Single Judge in the impugned judgment stands fortified by catena of judgments rendered by this Court as also by the Hon'ble Apex Court, as would be apparent from the judgment rendered by learned Division Bench of this Court 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 herein below:-