Patna High Court
Shiv Dulari Devi vs The State Of Bihar Through The ... on 27 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2287 of 2021
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Shiv Dulari Devi, Wife of Late Sone Lal Baitha, Resident of Krishna Vihar
Colony, Road No. 2, Yadav Nagar, Bhagwanpur, P.S. Muzaffarpur Sadar,
District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Works Department, Government of Bihar,
Patna.
3. The District Magistrate, Muzaffarpur, District-Muzaffarpur.
4. The Additional Collector, Muzaffarpur, District-Muzaffarpur.
5. The District pan Raj Officer, Muzaffarpur, District-Muzaffarpur.
6. The Block Development Officer, Sakra, District-Muzaffarpur.
7. The District Provident Fund Officer, Muzaffarpur, District-Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC 11
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 27-01-2022
The matter has been heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for the Respondents.
3. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(I) For issuance of an appropriate writ in the nature of
MANDAMUS, commanding and directing the Respondent
Authorities to grant the benefit of third Modified Assured
Career Progression (hereinafter referred to as MACP) to the
husband of the petitioner with effect from 01.01.2009 on the
ground that the petitioner had already completed 30 years of
Patna High Court CWJC No.2287 of 2021 dt.27-01-2022
service on 01.01.2009 but the said benefit was not granted to
the husband of the petitioner.
(II) For issuance of an appropriate writ in the nature of
MANDAMUS, commanding and directing the Respondent
Authorities for payment of consequential benefits such as
differences of arrears of salary as well as pensionary benefits
to the petitioner on grant of such benefit of third MACP with
effect from 01.01.2009 for which the petitioner became
entitled in accordance with law.
(III) For issuance of any other appropriate writ/writs,
order/orders, direction/directions for which the writ petitioner
would be found entitled under the facts and circumstances of
the case."
4. Petitioner is wife of deceased Shri Sone Lal Baitha.
Petitioner's husband has not been extended the benefit of 3 rd
M.A.C.P, therefore, representations have been made on
11.04.2019, 13.06.2019, 30.07.2019 and 01.11.2019 vide
Annexures P6, P7 and P8 series.
5. The concerned respondent is hereby directed to decide as
to whether the deceased employee Shri Sone Lal Baitha is entitled
to M.A.C.P as claimed by the petitioner. If the deceased employee
is entitled, the same shall be extended with monetary benefits
along with interest @ 6 % per annum in the light of Apex Court
decision in the case of Vijay L. Mehrotra Vs. State of Uttar
Pradesh and others reported in 2001 9 SCC 687. If the deceased
employee is not entitled, in that event, detailed speaking order
shall be passed and communicated to the petitioner as to why the
deceased employee is not entitled to M.A.C.P. The above exercise
shall be completed within a period of three months from the date
Patna High Court CWJC No.2287 of 2021 dt.27-01-2022
of receipt of this order, failing which, petitioner is entitled to
litigation cost and it is quantified at Rs. 25,000/-. Cost shall be
paid to the petitioner.
6. With the above observations, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 31.01.2022
Transmission Date
