Patna High Court
Rabindra Kumar Jha vs The State Of Bihar on 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5 of 2021
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1. Rabindra Kumar Jha, son of Late Durganand Jha Resident of village -
Simaria, P.S. - Jokihat, District- Araria at present residing at 403-B Aparna
Dyal Residency Mitra Mandal Colony, P.S. Phulwari, District- Patna.
2. Manoj Kumar son of Sri Rudal Singh Resident of village - Rupauli, Circle-
Ruapuli, District- Purnia.
3. Anup Kumar son of Sri Shiv Nandan Prasad Resident of village - Bardih,
P.S. - Islampur, District- Nalanda at present residing at Near Satsang Vihar,
halim Chowk, District- Kishanganj.
4. Gajendra Kumar Sharma son of Sri Badri Sharma, Resident of village -
Umapur, P.s. - Bhagawanpur, District- kaimur.
5. Nand Kumar son of Late Kamalapati Singh Resident of village - Turkaul,
Circle and District- Jehanabad.
6. Uma kant Mandal son of Sri Srikant Mandal Resident of village - Jayanti
Gram, Ganga Parshad, District- Sahebganj (Jharkhand).
7. Prahalad Kumar Paswan son of Sri Basudeo Paswan Resident - Dumaria,
P.S. - Kishanganj, District- Kishanganj.
8. Sarvesh Kumar son of Late Shiv Sharan Singh Resident of village -
Chakaraja, Singriawan, District- Patna.
9. Arvind Kumar Mandal son of Late Bhushan Prasad Mandal Resident of
village - Babupur, P.S. - Pirpainti, District- Bhagalpur.
10. Zahir Alam son of Habibpur Rahman Resident of village - Poonas, P.S. -
Kochadhaman, District- Kishanganj.
11. Barun Kumar Yadav son of Sri Sachchidanand Yadav Resident of
Madhubani, District- Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector Kishanganj Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Principal Secretary, Finance Department, govt. of Bihar, Patna.
5. The District Magistrate, Kishanganj.
6. The District Establishment Deputy Collector, Kishanganj (Zila Sthapana Up-
Samaharta, Kishanganj).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pranav Kumar Jha, Advocate
For the Respondent/s : Ms. Anuradha Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
Patna High Court CWJC No.5 of 2021 dt.27-10-2021
ORAL JUDGMENT
Date : 27-10-2021
Heard learned counsel for the petitioners and the State.
2. In the instant case, the petitioners have prayed for
following reliefs:
"For issuance of an appropriate
writ/writs and order/orders in the nature of
mandamus for directing and commanding
the respondents to grant First M.A.C.P./ACP
w.e.f. 2013-2014, i.e., after completion of 10
years service in the pay scale of P.B.-02
(9300-34800) and Grade Pay 4200 and to
pay the arrear as well as revised salary to
the petitioner on said scale from their
respective due date as the persons appointed
similar to the petitioners in the other
districts like Purnea, Begusarai and Kaimur
etc. have been granted M.A.C.P./ACP from
the due date in the said scale and further for
any other appropriate relief or relieves for
which the petitioners are entitled in the facts
and circumstances of the instant case."
3. The short question arises in the present petition is
whether the petitioners are entitled M.A.C.P./ACP in accordance
with the policy decision of the State Government or not. In this
regard, the petitioners have filed representation on 28.06.2016 and
the Office Order bearing Memo No. 282 dated 17.03.2017 issued
by the District Magistrate, Kishanganj vide Annexure-14 & 15
respectively.
4. The concerned official respondent has not passed any
order either in considering the grievance of the petitioners or
rejecting the grievance of the petitioners in accordance with policy
Patna High Court CWJC No.5 of 2021 dt.27-10-2021
decision relating to M.A.C.P./ACP. Therefore, the concerned
official respondent is hereby directed to redress grievance of the
petitioners in accordance with the policy decision governing
MACP/ACP.
5. If the petitioners fulfil the requisite conditions relating
to grant of M.A.C.P./ACP in that event the concerned respondent
is hereby directed to extend the benefit within a period of four
months from the date of receipt/production of a copy of the order.
In the event that the petitioners do not fulfil requisite conditions
for the purpose of granting M.A.C.P./ACP necessary speaking
orders shall be passed and communicated to each of the petitioners
within the above stipulated time.
6. With the aforesaid observation, the writ petition
stands disposed of.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 29.10.2021
Transmission Date N/A
