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Patna High Court
Shailendra Kumar Singh vs The State Of Bihar on 11 February, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8800 of 2024
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Shailendra Kumar Singh S/o- Ramakant Prasad Singh, R/o- Village-
Bhagwanpur Kamla, P.S.- Ujiarpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Water Resources, Government of Bihar, Patna.
2. The Chief Engineer, Irrigation Creation, Water Resources Department.
Motihari.
3. The Superintending Engineer, Tirhut Canal Circle, Motihari.
4. The Executive Engineer, Tirhut Canal Division, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Namrata Mishra, Sr. Advocate
Mrs. Anamika Kumari, Advocate
Mr. Chhotelal Mishra, Advocate
Mrs. Archana Jha, Advocate
For the State : Mr. Yogendra Pd. Sinha, AAG-7
Mr. Rajeev Kumar Sinha, AC to AAG-7
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 11-02-2026
Heard learned Sr. Counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed with a
limited prayer seeking a direction to the respondents to count
the past services rendered by the petitioner as an ad
hoc/casual/seasonal employee on the vacant post of Typist in the
office of the Deputy Collector, Revenue Division, Gandak
Yojna, Motihari, from 09.12.1987 till the regularization of his
services on 29.06.2002, for the purpose of grant of benefits
under the Modified Assured Career Progression Scheme Rules,
Patna High Court CWJC No.8800 of 2024 dt.11-02-2026
2010, and further for a direction to revise his pay scale and
make payment of consequential arrears of salary.
3. Learned Senior Counsel for the petitioner fairly
submits that the services of the petitioner were admittedly
regularized with effect from 29.06.2002. It is further submitted
that thereafter the petitioner has been receiving his dues and
salary by treating him as a regular employee. Learned counsel
contends that the petitioner had been continuously discharging
duties since 09.12.1987, though described as an ad
hoc/casual/seasonal employee, against a vacant post of Typist.
On such basis, it is argued that the past services of the petitioner
ought to be counted for the purposes of ACP/MACP benefits.
4. Learned counsel for the State, on the other hand,
submits that the petitioner had initially been engaged as a daily
wage employee and services rendered in such capacity cannot
be counted for the purpose of grant of ACP/MACP benefits. In
support of the said contention, reliance has been placed upon
Finance Department Resolution No. 5376 dated 27.05.2013,
wherein it has been clarified that only services rendered as a
temporary employee and against a temporary post are to be
counted for ACP/MACP benefits but a daily wager cannot be
said to be and comes within the definition of the temporary post
Patna High Court CWJC No.8800 of 2024 dt.11-02-2026
according to resolution no. 5376 dated 27.05.2013. It is further
submitted that the MACP Rules clearly provide that only regular
service shall be taken into consideration. Since the petitioner
was regularized with effect from 29.06.2002, the benefits have
rightly been computed from the said date.
5. Having heard learned counsel for the parties and
upon perusal of the pleadings as well as Finance Department
Resolution No. 5376 dated 27.05.2013, it appears that the
petitioner was engaged on the post said to be सामययक पद.
Meaning thereby he has to do the work on the said post time to
time and not continuously. It is due to this reason, this Court
held that the service of the petitioner cannot be treated at par
with the employees mentioned in the said Resolution No. 5376
dated 27.05.2013 and only due to this reason, his services
cannot be treated as regular w.e..f 29.06.2002.
6. With this view of the matter, the present writ
petition stands dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 11/02/2026
Transmission Date NA
