Patna High Court
Raj Kishor Sah vs The State Of Bihar on 17 January, 2022
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.697 of 2021
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Raj Kishor Sah Son of Late Vishwanath Prasad Resident of Village-Chafawa,
Police Station-Nautan, District-Siwan Address Mentioned in Adhar Card, 2q
Bholjpuram, Kharaiya Pokhara, Basaratpur, Gorekhpur, U.P. Retired While
Working as the Panchayat Secretary, Gram Panchayat Raj Purvi Guthani,
Block-Guthani, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Siwan
3. The Deputy development Commissioner, Siwan
4. The District Panchayati raj Officer, Siwan
5. The Block development Officer, Raghunathpur, Siwan.
6. The Block development Officer, Guthani, District-Siwan.
7. The District Accounts Officer, Siwan.
8. The District Treasury Officer,, Siwan
9. The Accountant Ganeral, Beerchand Patel Path, Bihar, Patna.
10. The Accounts Officer, Office of the Accountant General, Beerchand Patel
Path, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra
For the Respondent/s : Mr.Lalit Kishore ( Ag )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. Petitioner's counsel is hereby directed to furnish copy
of the petition to the counsel for the State/Respondents.
3. State counsel accepts notice for the Respondents.
4. In the instant petition, petitioner has prayed for the
following relief/reliefs:
Patna High Court CWJC No.697 of 2021 dt.17-01-2022
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"I. For issuance of an appropriate writ in the
nature of mandamus for commanding and directing the
respondents to consider and grant the benefits of ACP/MACP
to the petitioner, in the light of provision of MACP Scheme
2010 after completion of 10 years, 20 years and 30 years, first,
second and third ACP is being given respectively and the same
is effective since 01.01.2009. Therefore, in the light of
recommendation of State Pay Commission and under the
provision of ACP/MACP Scheme, the petitioners may kindly
also be given the benefits of first and second MACP after
completion of 10 and 20 years of service.
II. For issuance of an appropriate writ in the nature
of mandamus for commanding and directing the respondent
authorities concerned to dispose of the representation of the
petitioner by which, he has requested for providing the
benefits under ACP/MACP scheme for financial progression.
In his representation, he has categorically stated that he is
going to retire on 31.07.2020 from the post of the Panchayat
Secretary, Gram Panchayat Raj Purvi Guthani, Block -
Guthani, District - Siwan after attaining the age of
superannuation of 60 years from and in the light of provision
of MACP Scheme 2010 after completion of 10 years, 20 years
and 30 years, first, second and third ACP is being given
respectively and the same is effective since 01.01.2009.
Therefore, in the light of provision of MACP Scheme, the
petitioner may kindly also be given the benefits of first and
second MACP after completion of 10 and 20 years of service.
III. For issuance of an appropriate writ in the
nature of mandamus for commanding and directing the
respondent authorities concerned to consider the case of the
petitioner and provide the benefits of first and second
A.C.P./MACP after completion of 10 and 20 years of service,
as the A.C.P. is only for removing the stagnation in service.
IV. For issuance of an appropriate writ in the
nature of mandamus for commanding and directing the
respondent authorities concerned specially the District
Magistrate, Siwan or the District Panchayati Raj Officer,
Siwan to provide the benefits of firs and second ACP/MACP
after completion of 10 and 20 years of service, as the Block
Development Officer, Guthani has already furnished the
details of the petitioner for providing the benefits of
ACP/MACP but till date no positive decision has been taken
in the case of the petitioner and, hence, the District Magistrate,
Siwan or the District Panchayati Raj Officer, Siwan or the
competent authority may kindly be directed to provide the
Patna High Court CWJC No.697 of 2021 dt.17-01-2022
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benefits under ACP/MACP scheme with all consequential
benefits without any further delay.
V. For issuance of any other writ/writs,
order/orders direction/directions for which the petitioners
would be entitled in the facts and circumstances of the present
case."
5. Short question for consideration in the present petition
is whether petitioner is entitled to 1st, 2nd A.C.P. and 3rd M.A.C.P. or
not? In this regard the petitioner is stated to have submitted
representation on 15.06.2020 vide Annexures 2 series.
6. In the light of above facts and circumstances, the
concerned respondent is hereby directed to pass a speaking order
on the petitioner's representation read with the service particulars
of the petitioner and District Panchayti Raj Officer letter dated
27.07.2020(Annexure 3) as to whether petitioner is entitled to the aforesaid benefits of A.C.P/M.A.C.P or not? The above exercise shall be completed within a period of four months from the date of receipt of this order.
7. Accordingly, writ petition stands disposed off.
(P. B. Bajanthri, J) GAURAV S./-
AFR/NAFR CAV DATE Uploading Date 26.01.2022 Transmission Date