The State of Bihar v. Sikandre Azam
Case brief
What is this about?
Letters Patent Appeal L.P.A No.206 of 2022 (arising from C.W.J.C. No.1561 of 2017), High Court of Judicature at Patna, decided 04-02-2025 by P. B. Bajanthri and Sunil Dutta Mishra, JJ. (per Bajanthri, J.). State of Bihar and finance/district authorities (appellants) versus Md. Imam Azam and eight other respondents. Subject: eligibility for ACP benefit without passing departmental examination. Precedents followed: Amresh Kumar Singh & Ors. vs. The Sate of Bihar & Ors., 2023 (2) PLJR (SC) 423; Kamlanand Thakur vs. State of Bihar & Ors., 2024 (4) BLJ 806 (Full Bench, Patna High Court). Result: appeal dismissed; appellants made out no case. Counsel: Mr. Manoj Kumar, AC to GP-4 for appellants.
What did the court decide?
In the light of the Supreme Court pronouncement in Amresh Kumar Singh & Ors. vs. The Sate of Bihar & Ors., 2023 (2) PLJR (SC) 423, read with the Full Bench decision of this Court in Kamlanand Thakur vs. State of Bihar & Ors., 2024 (4) BLJ 806 (under which an employee need not pass the departmental examination for extension of ACP benefit), the appellants-State have not made out a case, and the present L.P.A. stands dismissed.