Ram Bhajan Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ram Bhajan Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 30.01.2024 of the learned Single Judge in CWJC No. 14016 of 2012 set aside; respondents directed to re-visit the appellant's ACP claim in light of the Full Bench decision in Kamlanand Thakur (CWJC No. 18727 of 2017), examine the service particulars, pass a detailed order and communicate it to the appellant within three months.

Issue for consideration

Whether the appellant is entitled to the benefit of ACP in the absence of passing the departmental examination.

Court's answer

The present matter is covered by the Full Bench decision dated 28.06.2024 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 for interference with the order of the learned Single Judge.

Ratio / Principle

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 directed to re-visit the appellant's claim for extending the benefit of ACP in the light of the Full Bench decision, examine it with reference to the appellant's service particulars, and pass a detailed order communicating the same to the appellant within a period of three months.

Key takeaways

The Letters Patent Appeal is allowed, and pending interlocutory application(s), if any, stand disposed of.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Letters Patent Appeal) — Service law — Assured Career Progression (ACP) — entitlement to ACP benefit in the absence of passing the departmental examination — Held, the matter is covered by the Full Bench decision dated 28.06.2024 in CWJC No. 18727 of 2017 [Kamlanand Thakur Vs. The State of Bihar & Ors] and other analogous matters; the appellant made out a case for interference with the learned Single Judge's order — impugned order dated 30.01.2024 in CWJC No. 14016 of 2012 set aside — concerned respondent directed to re-visit the appellant's ACP claim in light of the Full Bench decision, examine it with reference to his service particulars, and pass a detailed order communicated to the appellant within three months — LPA allowed; pending I.A.(s) disposed of (Oral Judgment per P. B. Bajanthri, CJ; Bench of the Chief Justice and Alok Kumar Sinha, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.204 of 2024 In

Civil Writ Jurisdiction Case No.14016 of 2012

======================================================

Ram Bhajan Singh, Son of Late Bihari Singh, Resident of Village- Ramdiha, Police Station- Buxar(M), District- Buxar.

... ... Appellant/s

Versus

The State of Bihar through the Principal Secretary, Road Construction Department, Bihar, Patna.

The Principal Secretary, Road Construction Department, Bihar, Patna.

The Chief Engineer, South Bihar Wing, Road Construction Department, Bihar, Patna.

The Superintending Engineer, Bhojpur Road Circle, Ara.

The Treasury Officer, Bhojpur.

... ... Respondent/s

======================================================

Appearance : For the Appellant/s : Mr.Anil Kumar Singh, Advocate For the Respondent/s : Mr.Government Advocate 13

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 16-10-2025

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.

Patna High Court L.P.A No.204 of 2024 dt.16-10-2025 2/2

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.

(P. B. Bajanthri, CJ)

(Alok Kumar Sinha, J)

P.K.P./-

AFR/NAFR CAV DATE Uploading Date 17.10.2025 Transmission Date