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Judgment
P. B. Bajanthri, CJ
Short question for consideration in the present lis is whether appellant is entitled to have the benefit of ACP in the absence of passing departmental examination or not.
The present matter is covered by Full Bench decision dated 28.06.2024 passed in CWJC No. 18727 of 2017 [Kamlanand Thakur Vs. The State of Bihar & Ors] and other analogous matters. Accordingly, the appellant has made out a case so as to interfere with the order of the learned Single Judge.
Accordingly, the impugned order dated 30.01.2024 passed by the learned Single Judge in CWJC No. 14016 of 2012 stands set aside. The concerned respondent is hereby directed to re-visit in respect of appellant’s claim for extending the benefit of ACP in the light of Full Bench decision. The same shall be examined with reference to the service particulars of the appellant and respondents shall proceed to pass a detailed order and communicate the same to the appellant within a period of three months.
The LPA is allowed.
Pending I.A.(s), if any, stands disposed of.