Patna High Court
Rajesh Kumar Sinha vs The State Of Bihar on 18 August, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12858 of 2025
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Rajesh Kumar Sinha S/o Late Krishna Murari Prasad, R/o Mohalla- Gyan
Vibhakar Parmeshwar Lane Rani Ghat, P.S. Sultanganj, District- Patna, Bihar.
(Retired Peon Primary Teacher Training College, Mahendru (Raniganj), P.S.
Sultanganj, Patna)
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Department of Education,
Government of Bihar, P.S. Secretariate, District- Patna.
2. The Chief Secretary, Department of Education, Government of Bihar, P.S.
Secretariate, District- Patna
3. The Director, State Council of Education and Training Mahendru, Patna, P.S.
Sultanganj, District-Patna.
4. The Regional Deputy Director of Education, Patna Division, P.S. Sultanganj,
District-Patna.
5. The Principal, Primary Teacher Training College, Mahendru (Raniganj), P.S.
Sultanganj, District- Patna
6. The District Accounts Officer, Patna, P.S. Gandhi Maidan, District- Patna.
7. The Accountant-General, Bihar, Patna, P.S. Kotwali, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anand Raj, Advocate
For the State : Mr. Md. Irshad, Advocate
For the A.G., Bihar : Mr. Ram Kinker Choubey, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 18-08-2025
Heard the parties.
2. The petitioner has approached this Court seeking
issuance of writ in the nature of mandamus directing the
respondent authorities to extend the benefits of first and second
ACP/MACP to the petitioner in accordance with the relevant
rules and schemes governing the assure career progression.
Patna High Court CWJC No.12858 of 2025 dt.18-08-2025
2/3
3. Learned Advocate for the petitioner submitted
that it is not in dispute that the petitioner was appointed on the
post of peon on 19.07.2000 in Primary Teacher Training
College, Mahendru, Patna, and after rendering services for more
than 22 years, finally the petitioner superannuated on
31.10.2023
. However, notwithstanding the aforesaid fact, the
petitioner has been deprived from the benefit of ACP/MACP
and his pension has been fixed on a lesser amount. It is further
contended that since the issue with regard to the benefit for
ACP/MACP has already been crystallized under the ACP Rules,
2003 and further in MACP Rules, 2010 as also in view of the
ruling of the Hon'ble Apex Court in the case of Amresh Kumar
Singh and Ors. vs. State of Bihar and Ors. reported in 2023
SCC OnLine SC 496 and further by the Full Bench of this Court
in the case of Kamlanand Thakur vs. State of Bihar and Ors.
and analogous cases reported in 2025 (2) PLJR 623, there could
not be any impediment in extending the benefit of ACP/MACP
to the petitioner.
4. Learned Advocate for the State interjected at this
juncture and submitted that apart from the fact the petitioner
approached this Court after his superannuation, instruction is
required to respond to the averments made in the writ petition.
Patna High Court CWJC No.12858 of 2025 dt.18-08-2025
5. Having considered the submissions advanced by
the learned Advocates for the respective parties and the nature
of the grievance, this Court deems it appropriate to dispose off
the writ petition with a direction to the respondent Nos. 4 and 5
to look into the matter and consider the claim of the petitioner
for grant of ACP/MACP and take a final decision, preferably
within a period of eight weeks from the date of
receipt/production of a copy of this order.
6. Suffice it to observe that in case the claim of the
petitioner finds favour, necessary consequential order extending
the benefit of ACP/MACP be issued in his favour within the
said period.
7. Accordingly, the present writ petition stands
disposed off with the aforesaid direction.
(Harish Kumar, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.08.2025
Transmission Date NA
