LAWS(PAT)-2022-4-90

STATE OF BIHAR Vs. KRISHNA SINGH

Decided On April 25, 2022
STATE OF BIHAR Appellant
V/S
KRISHNA SINGH Respondents

JUDGEMENT

(1.) The present appeal has been filed against the judgment dtd. 20/12/2017 passed by a learned Single Judge of this Court in CWJC No. 19307 of 2013 whereby and where under the writ petitioner has been held entitled for consideration for grant of ACP under the scheme.

(2.) The brief facts giving rise to the present Appeal are that the writ petitioner had been denied benefit of Assured Career Progression (hereinafter referred to as "ACP") on account of non-passing of the departmental accounts examination vide letter dtd. 22/2/2011 issued by the Executive Engineer, Water Resources Department, Kaimur, Bhabua, which was challenged by the writ petitioner in the aforesaid writ petition bearing CWJC No. 19307 of 2013. The learned Single Judge, by the impugned judgment dtd. 20/12/2017, has referred to the authorities on the subject matter and has held that the writ petitioner was not required to pass any departmental examination for consideration of his case for grant of ACP especially in view of the fact that his case is squarely covered by a Division Bench judgment of this Court rendered in the case of Uday Shankar Prasad vs. The State of Bihar & Ors., reported in 2017(3) PLJR 824.

(3.) At this juncture it would be relevant to reproduce the relevant portion of the impugned judgment dtd. 20/12/2017 passed in CWJC No. 19307 of 2013 herein below:-