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Patna High Court
Shyamal Mishra vs The State Of Bihar on 1 December, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17457 of 2025
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Shyamal Mishra Son of Late Ram Gopal Mishra, Resident of D54/70C-A-P,
Jaddumandi, Luxa, Behind Ashiyana Apartment, Chhitupur, Varanasi, PS
Luxa, District Varanasi. At Present posted as Head Clerk, District Record
Room, Bhabua, District Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, General Administration
Department, Bihar, Patna.
2. The District Magistrate, Kaimur at Bhabua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar Garg, Advocate
For the Respondent/s : Mr. Ajay Bihari Sinha, GA-8
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 01-12-2025
1. Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs:-
"(i). For issuance of an appropriate
writ\writs, order/orders, direction/direction in the
nature of certiorari for quashing the order No.15/2024-
25 passed by District Magistrate, Kaimur Respondent
No.2 vide Memo No. XIX-03-25/491/Stha dated
04.04.2025
whereby the respondent no.2 has rejected
the claim of petitioner regarding grant of benefits or
2nd ACP\MACP to the petitioner from the date of his
joining and respondent no.2 has also rejected the
claim of petitioner regarding payment of Grade Pay of
Rs. 4600/- to the petitioner.
(ii). For issuance of an appropriate writ
writs, order orders, direction directions in the nature of
mandamus directing the respondent no.2 to grant the
benefit of ACP MACP to the petitioner from the date
of his joining i.e. 05.07.1995 and not from the date of
Patna High Court CWJC No.17457 of 2025 dt.01-12-2025
passing the Account Examination i.e. on 23.02.2014
incompliance of order passed by this Hon'ble court in
CWJC No. 18727 of 2017( Kamlanand Thakur Vs.
The state of Bihar and others) as well as in compliance
of Memo No.4862 dated 29.04.2925 issued by
Secretary (Expenditure), finance Department, Bihar,
Patna and pay the pay scale accordingly to the
petitioner.
(iii) For issuance of appropriate writ\ writs,
order orders, direction\ directions in the nature of
mandamus directing the respondent authorities to pay
the arrear of salary, if any, become dues, due to non-
payment of proper pay scale to the petitioner.
(iv) For grant of any relief(s) the petitioner
would be found entitled to in the facts and
circumstances of the case."
3. The brief submission of learned counsel for the
petitioner is that he has not been given the benefit of 2nd
ACP/MACP on the ground of his having not passed the
departmental accounts examination.
4. It is contended by learned counsel for the petitioner
that the action of the respondents is in teeth of the Full Bench
judgment of this Court in the case of Kamlanand Thakur Vs.
The State of Bihar & Ors reported in 2025(2) PLJR 623.
Relevant paragraph no. 48 of the judgment is reproduced
hereinbelow for ready reference:-
"48. Thus, the questions stand answered
as follows :-
(A.) Rule 157(3)[J] of the Bihar Board's
Miscellaneous Rules, 1958, requiring passing of
Departmental Accounts Examination for promotion, is
not applicable in case of grant of A.C.P. benefits under
the A.C.P. Rules, 2003;
(B.) Rule 157(3)[J] of the Bihar Board's
Patna High Court CWJC No.17457 of 2025 dt.01-12-2025
Miscellaneous Rules, 1958 is confined to passing of
preliminary examination/final examination in Accounts
only for the purposes of confirmation, crossing the
efficiency bar and promotion to Selection Grade only
and not for regular promotion;
(C.) Rule 4(5) of the A.C.P. Rules, 2003
even though provides that the prescribed requirements
and mode of sanction of financial progression under the
scheme (A.C.P. scheme) shall be the same which are
prescribed under the Recruitment/Service Rules for
regular promotion against vacancies and if the
Rules/Resolutions prescribe passing of Departmental
Examination or any qualification for promotion, that
shall also be an essential condition for sanction of
benefit under the scheme will not affect the claim for
grant of A.C.P. after completion of twelve/twenty four
years of service for the reason that such financial
progression under the A.C.P. scheme is only in situ
promotion and nothing more. This is even
notwithstanding any such requirement of passing any
Departmental Examination or acquiring any educational
qualification for promotion under the
Service/Recruitment/Promotion Rules."
5. Learned counsel for the petitioner further submits
that consequent to the decision in the case of Kamlanand
Thakur (supra), the respondents have also come out with an
order contained in letter no. 4862 dated 29.04.2025 issued
under the signature of the Secretary (Expenditure) Finance
Department, Government of Bihar, Patna in terms of the
aforesaid Full Bench judgment.
6. Learned counsel for the respondents fairly submit
that in view of the judgment in the case of Kamlanand Thakur
(supra) and the decision of the Government as contained in
Patna High Court CWJC No.17457 of 2025 dt.01-12-2025
the letter dated 29.4.2025 (Annexure-P/5), the matter requires
to be looked into by the respondents once again.
7. Having heard learned counsel for the parties, the
writ application is disposed of with a direction to the
petitioner to file a representation before the District
Magistrate, Kaimur at Bhabhua, (Respondent no. 2) within a
period of four weeks. I
8. In case the representation is filed by the petitioner,
the same shall be decided/disposed of by the respondent no. 2
taking into consideration the decision of this Court in the case
of Kamlanand Thakur (supra) and the letter dated 29.4.2025
of the Finance Department.
9. The amount if any, found payable shall be paid to
the petitioner within a period of two months from the date of
passing of the order on the representation filed by the
petitioner.
10. In case, any amount is found not payable, a
reasoned order for the same shall be communicated to the
petitioner within the aforesaid period.
11. It is made clear that the Court has not gone into
the merits of the case of the petitioner which has to be decided
by the respondent concerned.
Patna High Court CWJC No.17457 of 2025 dt.01-12-2025
12. The writ application stands disposed with the
above observations and directions.
(Partha Sarthy, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.12.2025
Transmission Date NA
