Binit Kumar & Ors vs The State Of Bihar & Ors on 21 August, 2017
40. This Court is of the considered opinion that there is
an adjudication of this Court present in the case of Binit Kumar
and others (Supra) as regards paragraph 5(ii) of the Resolution
No. 3111 dated 25.03.2014 issued by the Department of Finance,
Government of Bihar which is conclusive and final not only with
regard to the actual matter but as to every other matter which the
parties may ought to have litigated. Whether clause 5(ii) gives
effect to the de-merger of the Accounts Cadre Posts with
retrospective effect or not and what will be the impact of the same
was essentially connected to the subject matter and the parties had
an opportunity to challenge the said provision but instead of doing
that they chose to rely upon the said resolution and got benefit of
the same.