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2017 (9) TMI 1874 - HC - Indian LawsActual monetary benefits of grant of 1st and 2nd Assured Career Progression Scheme (ACP Scheme) - payment of arrears of such benefits - passing of examination as required under Rule 21(1) of the Bihar Civil Court Staff (Class-III and Class-IV) Rules, 1998, for availing such benefit - HELD THAT:- In the absence of holding of departmental examination denying the benefit of ACP to the appellant will amount to taking advantage of own default. It is elementary principle of law that one cannot take advantage of its own cause - In All India Groundnut Syndicate vs. Commissioner of Income Tax [1953 (9) TMI 19 - BOMBAY HIGH COURT] Hon'ble Mr. Justice Chagla, Chief Justice has laid down the principle that one cannot take advantage of his own default. Thus, the appellant cannot be made to suffer on account of non-holding of examination by the respondents and the appellant is entitled to grant of the benefit under ACP Scheme treating the appellant to have passed the departmental examination with effect from the date the Scheme of ACP was introduced, firstly on the ground that Civil Court Rules was framed in 1998 wherein the requirement of passing departmental examination was introduced and secondly that in the very first departmental examination held on 29.6.2003 the appellant was declared successful. Appeal allowed.
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