Raghubansh Singh And Ors vs The State Of Bihar And Ors
2026 Latest Caselaw 349 Patna

Patna High Court

Raghubansh Singh And Ors vs The State Of Bihar And Ors on 9 February, 2026

Author: Partha Sarthy

Bench: Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1186 of 2017
     ======================================================
1.    Raghubansh Singh S/o Late Saryu Prasad Singh, Resident of Mohalla-New
      Yarpur, Police Station-Gardanibag, Post Office-G.P.O., District-Patna, and
      Retired as the Private Secretary, Agriculture Department, Bihar, Patna.
2.   Subhash Chandra Das, S/o Late Upendra Narayan Das, Resident of Mohalla-
     403 Ram Vallav Kunj Appartment, CDA Colony North Shashtri Nagar Post
     Office-Police Station-Shastri Nagar,District-patna-800023, and Retired as
     the Private Secretary, Animal and Fisheries Resource Department, Bihar,
     Patna
3.   Sunil Kumar Srivastava, S/o Late Jagdish Prasad Srivastava, Resident of
     Mohalla-New Yarpur, NY-36, Jhunjhun Mahal Road, Police Station-
     Gardanibag, Post Office- G.P.O., District-Patna Presently Posted as Principal
     Private Secretary, Home Special Department, Bihar, Patna
4.   Dinesh Kumar Singh, S/o Late Ram Lakhan Singh Resident of Mohalla-
     Rama Lane, Shivpuri, P.O.-P.S.-Shastri Nagar, Dist.-Patna, and Retired as
     the Private Secretary, Minor Water Resources Department, Bihar, Patna
5.   Anand Mohan Pandey, S/o Late Banshidhar Pandey, Resident of Mohalla-
     Anand Vihar, Post Office- Anishabad, Police Station-Gardanibagh, District-
     Patna, Presently Posted as Principal Private Secretary, Environment and
     Forest Department, Bihar, Patna
6.1. Kamlawati Devi Wife of Late Om Prakash Thakur Resident of Mohalla
     Anaith, Ward No. 43, Police Station Nawada, District Arrah, Bhojpur.
7.   Binay Kumar Lal, S/o Late Ramdev Lal, Resident of Mohalla-Sai
     Residency, Flat No.-202, Road No.-4, Mitramandal Colony, Post Office-
     Anishabad, Police Station-Gardanibag, Patna, and Retired as the Private
     Secretary, Sugar Cane, Industry Department, Bihar, Patna
8.   Rajballabh Prasad, S/o Late Puna Mahato, Resident of Mohalla/Village-
     Dhelva, Post Office-Dhelva, Police Station-Ram Krishna Nagar, District-
     Patna, and Retired as the Private Secretary, C.M. Secretariat, Bihar, Patna
9.   Pyare Prasad, S/o Late Ramu Mahato, Resident of New Alkapuri, Road No.-
     5, House No.-3, Post Office-Anishabad, Police Station-Gardanibag, District-
     Patna, and Retired as the Private Secretary, Road Construction Department,
     Bihar, Patna

                                                                 ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2.   The Principal Secretary, Department of Personnel and Administrative
     Reforms, Government of Bihar, Main Secretariat, Patna.
3.   The Principal Secretary, Department of Finance, Government of Bihar, Main
     Secretariat, Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
 Patna High Court CWJC No.1186 of 2017 dt.09-02-2026
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       Appearance :
       For the Petitioner/s     :       Mr. Rupak Kumar, Advocate
                                        Mr. Vikrant Kumar, Advocate
       For the Respondent/s     :       Dr. Anand Kumar, AC to AAG- 3
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
       ORAL JUDGMENT


       Date : 09-02-2026

                         Heard learned counsel for the parties.

                         2. The petitioners have filed the instant application

         for the following reliefs:

                                                        "i. For issuance of an
                                         appropriate      Writ/Writs,      direction/
                                         directions in the nature of Certiorari
                                         or    Writs,   Order    or     Orders    for
                                         quashing the Letter No.-2234 dated
                                         11.02.2016

as well as consequential Order as contained in Memo No.-

10187 dated 25.07.2016 to the extent by which in place of the initial date of appointment in the Clerical cadre, the date of joining on the post of Personal Assistant has been taken into consideration for the purposes of granting benefits of Third A.C.P., under the Modified Assured Career Progression Scheme (Hereinafter, called as MACP), contrary to the provisions of the Scheme and the Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

decision of the Department of finance and in consequent thereto, further be pleased to direct the authorities to consider the promotion under the scheme, the Petitioners complete their 30 years of service from the date of initial appointment, strictly in terms of the decision taken by the Finance Department.

ii. For issuance of an appropriate Writ/Writs, direction/ directions in the nature of Mandamus or Writs, order or orders for holding an impartial enquiry against the erring officer for passing such order which is detrimental to the interest of the petitioners and also being violative of Principles of equality before law, in as much as, the impugned action is wholly arbitrary and unreasonable and in derogation of the Constitutional mandate.

iii. For further kind indulgence of this Hon'ble court to look into the matter and the concerned respondents may be directed to produce all connected records for perusal for passing an appropriate order.

iv. For any other Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

relief/reliefs which the Hon'ble court may grant in general interest checking these kinds of harassment to the government officials that may be deemed appropriate and necessary in this case."

3. It is the case of the petitioners that having been

appointed as Steno-Typist, subsequently the petitioners having

passed the limited departmental examination conducted by the

BPSC, they entered the cadre of Personal Assistants.

4. It is submitted that those persons who could not

clear the limited departmental examination, they also later

entered the cadre of Personal Assistant when the post of Steno-

Typist was upgraded and merged in the cadre of Personal

Assistant.

5. The benefit under the ACP Scheme, 2003 which

was affected from 9.8.1999 was given to those persons who had

entered the cadre of Personal Assistants through merger with

effect from their initial date of appointment as Steno-Typist.

However, persons like the petitioners who had cleared the

limited departmental examination conducted by the BPSC and

entered the cadre of the Personal Assistant, the benefit was

given to them counting from the date of their appointment as

Personal Assistant and not their initial date of appointment as a Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

Steno-Typist. This led to the petitioners filing CWJC no. 13543

of 2007 which was allowed by this Court by its order dated

30.6.2011 (Annexure-3).

6. Relevant portion of the order dated 30.6.2011 is

reproduced herein below for ready reference:

"2. Petitioners were appointed as Personal Assistant under office order bearing no. 6 dated 10.01.1986, Annexure-5 to the writ petition after they appeared and became successful in the limited departmental examination conducted by the B.P.S.C. Later their case was considered for grant of Assured Career Progression benefit under Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003 under office order bearing no. 311 dated 09.08.2007, Annexure-9 but they were allowed only second Assured Career progression benefit on completion of 24 years of service taking into account their date of appointment as Steno- Typist. Perusal of the said order, Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

however, indicates that thereunder Personal Assistants who could not succeed in the limited departmental examination and were allowed to enter the cadre of the Personal Assistant through merger have been granted two A.C.P. benefits taking into account service rendered by them on the post of Steno-Typist. Aforesaid order was stayed by the State Government under order bearing No. 10659 dated 25.10.2007, Annexure-A to the counter affidavit. Under order bearing no.

10418 dated 19.10.2010, Annexure-14 stay of order no. 311 dated 09.08.2007, Annexure-9 has been vacated. It is submitted on behalf of the petitioner that aforesaid order dated 09.08.2007 suffers from the vice of arbitrariness as while granting A.C.P. benefits to the Personal Assistants who entered the cadre through merger both the benefits have been allowed taking into account the service rendered as Steno-Typist but in the case of the petitioners who have entered the Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

cadre of the Personal Assistant through limited departmental examination conducted by the B.P.S.C. the period rendered as Steno-Typist has not been taken into account and petitioners have been allowed only one A.C.P. benefit."

7. This Court by its order dated 30.6.2011 directed

the competent authority to consider the case of the petitioner for

grant of first ACP taking into account the service rendered by

the petitioners as Steno-Typist/Stenographer prior to their

appointment in the cadre of Personal Assistant.

8. Pursuant to the direction of this Court, the

respondents came out with an order contained in memorandum

dated 5.11.2012 (Annexure-4) giving the benefit of second ACP

to the petitioners from the date of their initial appointment and

counting the period that the petitioners had rendered their

service as Steno-Typist.

9. It is submitted by learned counsel for the

petitioner in reference to the impugned order dated 11.2.2006

(Annexure-6) that with the coming of the MACP scheme in the

year 2010 with effect from 1.1.2009, once again the respondents

are not giving them the benefit of the third ACP to be given Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

under the said scheme on completion of thirty years of service

counting the service rendered by the petitioners as Steno-Typist

and are counting the period from their date of appointment as

Personal Assistant.

10. Learned counsel submits that the order dated

30.6.2011 (Annexed-3) having not only attained finality but

having been complied with by the respondents, in

implementation of the MACP Scheme, the respondents cannot

revert back from their accepted stand.

11. The application was opposed by learned counsel

appearing for the respondents. Referring to the counter affidavit

filed on behalf of the respondent no. 2, learned counsel

submitted that the stand of the petitioner for grant of the 3rd ACP

under the MACP Scheme is contrary to the provisions of the

scheme and norms as laid down by the Finance Department in

its resolution dated 7566 dated 14.7.2010 communicated to the

petitioners by letter dated 11.2.2016. The period of 10, 20 and

30 years under the MACP Scheme is to be calculated from the

date of regular appointment of the petitioners. As such, it is

submitted that the order rejecting the petitioners' request for

grant of the 3rd ACP from the date of initial date of appointment

in the clerical cadre has no merit and as such the writ Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

application be dismissed.

12. Heard learned counsel for the parties and

perused the material on record.

13. The relevant facts in brief are that the petitioner

who was appointed initially as a Steno-Typist, having passed the

limited departmental examination conducted by the BPSC

entered the cadre of the Personal Assistants.

14. It may be noted here that even those persons

who could not enter the cadre of Personal Assistants, unlike the

petitioners herein, subsequently as a result of merger of the post

of Steno-Typist in the cadre of Personal Assistant, entered the

cadre.

15. It is the case of the petitioner that those Steno-

Typists who entered the cadre of Personal Assistant as a result of

merger, the benefit under the ACP Scheme was granted to them

counting their date of appointment from the initial date they

were appointed as Steno-Typist. However, so far as persons like

the petitioners are concerned, for the same benefit under the

ACP Scheme, so far as they are concerned, their service was

being counted by the respondents from the date of their entering

the cadre of Personal Assistant after having passed the

departmental examination conducted by the BPSC. The period Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

that they worked as a Steno-Typist was not being counted. This

led to the petitioners moving this Court in C.W.J.C. no. 13543

of 2007 which came to be allowed by order dated 30.6.2011,

relevant portion of which is reproduced hereinbelow for ready

reference:

"3. Having heard counsel for the parties, I deem it appropriate to direct the competent authority of the State Government to consider the case of the petitioners for grant of 1 st A.C.P. taking into account the service rendered as Steno-Typist/ Stenographer prior to their appointment in the cadre of Personal Assistant as has been done in the case of those Personal Assistants who have entered the cadre of Personal Assistant through merger. Necessary consideration in this regard be made by the competent authority, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order."

16. It has not been contended by learned counsel

for the respondents that any appeal was preferred against the

order dated 30.6.2011 passed in C.W.J.C. no. 13543 of 2007. Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

17. For the purpose of grant of benefit under the

ACP Scheme, this Court vide above referred order dated

30.6.2011 having given a categorical direction to the

respondents to consider the case of the petitioners taking into

account the service rendered as Steno-Typist/Stenographer prior

to their appointment in the cadre of Personal Assistant and the

said order having attained finality, in the opinion of the Court,

the petitioners herein, in consideration of the case under the

MACP Scheme for grant of benefit of the 3rd ACP which is to be

given on completion of 30 years, cannot be deprived of the

above benefits.

18. In view of the facts and circumstances stated

hereinabove, the order contained in Letter no. 2234 dated

11.2.2016 passed by the Under Secretary, General

Administration Department, Bihar as well as the consequential

order contained in Memo no. 10187 dated 25.7.2016 passed by

the Under Secretary, General Administration Department, Bihar

are both set aside.

19. The respondents are directed to take into

consideration the case of the petitioners for grant of the benefit

of 3rd ACP under the MACP Scheme taking into account the

service rendered by the petitioners as Steno-Typist.

Patna High Court CWJC No.1186 of 2017 dt.09-02-2026

20. The consequential benefits, as a result of the

above, shall be paid to the petitioners by the Principal Secretary,

General Administration Department, Government of Bihar/

respondent concerned within a period of four months from the

date of receipt/production of a copy of this order.

(Partha Sarthy, J) sauravkrsinha/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.2.2026
Transmission Date       NA