KAMLANAND THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A Single Judge of this Court in Kamlanand Thakur vs. State of Bihar and Ors. (C.W.J.C. No. 18727 of 2017) [: 2021 (6) BLJ 260], while dealing with the issue, viz., whether passing of Departmental Accounts Examination is a condition precedent for grant of benefits under the Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003 (hereinafter referred to as the A.C.P. Rules), referred the matter to a larger Bench, formulating the following questions to be decided:

(2.) Similarly, a Division Bench of this Court in The State of Bihar and Ors. vs. Manzar Hassan (L.P.A. No. 1609 of 2019 arising out of C.W.J.C. No. 7751 of 2016), noting the divergence of opinion on the issue, again made a referral to a larger Bench for deciding whether Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958, stipulating passing of Accounts Examination, would be deemed necessary for availing the monetary benefit under the A.C.P. Rules, 2003, particularly Rule 4(5), as time-bound promotion is a substitute of selection grade and A.C.P. is the substitute of time-bound promotion, particularly in the view of the fact that the purpose behind introduction of Selection Grade and A.C.P. is one and same.

(3.) In the Division Bench referral (LPA No. 1609 of 2019), the Bench had noted that in some of the cases, viz., State of Bihar & Ors. vs. Anjani Kumar (D.B.) : 2013 (2) pljr 643; State of Bihar & Ors. vs. Mahendra Baitha (D.B.) : 2018 (3) pljr 173; The State of Bihar vs. Md. Naisruddin (D.B.) : 2016 (3) pljr 861; State of Bihar & Ors. vs. Kusheshwar Nath Pandey and Anr. (D.B.) : 2013 (1) pljr 939; Maheshwar Pd. Singh (F.B.) : 2000 (4) pljr 262; and Daya Shankar Singh vs. State of Bihar & Ors., 2010 (3) pljr 220 (S.J.), it had been decided that there would be no need to pass the Accounts Examination under Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958 or for getting benefits of A.C.P., which is only a financial progression, and such examination is a must only if it is provided in the specific Service Rules for crossing the efficiency bar and for being given Selection Grade.