Patna High Court
Saryu Prasad ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioner’s claim for the third MACP must be considered by the District Education Officer, directing the authority to decide the matter within ten weeks.
Summary
The petitioner, Saryu Prasad Chaudhary, filed a writ petition seeking the grant of the third Minimum Allowance/Compensation Pay (MACP) with a PB-3 grade pay of Rs. 6,600 effective from 01‑01‑2009, as per a government notification and the Modified ACP Scheme 2010. He claimed that despite filing representations with the District Education Officer on 26‑03‑2025 and 26‑05‑2025, no decision had been taken. The State argued that the matter was pending before the competent authority and that the petitioner should await its decision. The Court noted the pending representation and, without deciding the substantive entitlement, directed the District Education Officer to consider the claim within ten weeks of receipt of the order. The Court further observed that if the claim is found in favor of the petitioner, the appropriate monetary benefit must be accorded. The writ petition was consequently disposed with the said direction.
Issues considered
- Whether the petitioner is entitled to the benefit of the third MACP from 01‑01‑2009 under the applicable notification and Modified ACP Scheme 2010.
- Whether the High Court can intervene and direct the District Education Officer to decide the pending representation.
- Whether the writ petition is maintainable despite the existence of an administrative proceeding.
Subjects
- MACP
- grade pay
- writ petition
- administrative law
- Bihar education department
- representation
- government notification
- modified ACP scheme
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1170 of 2026
======================================================
Saryu Prasad Chaudhary S/o Goha Chaudhury, Resident of Village and Post-
Kansari, Thana- Gaurichak, Distt- Patna, 804451.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Ministry of HRD, Govt. of
Bihar, New Secretariat, Patna, Bihar 800001.
2. The District Education Officer, Patna, Bihar 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Singh, Adv.
For the Respondent/s : Mr. Prashant Pratap, GP-2
Mr. Ajit Kumar Jha, AC to GP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 29-01-2026 Heard the parties.
2. The instant writ petition has been filed for the
following reliefs:-
“i. Direct the Respondents to grant third MACP
as requested to grant the benefit of third MACP
from 01.01.2009 in PB 3 Grade Pay 6600 as per
the department lay down and Notification ३ए-2-
वे -पु .-18/2009-7566 ददनांक 14.07.2010 of
Modified ACP Scheme 2010, Finance
Department, Government of Bihar.
ii. Direct Respondent to review and reassess the
irregularities adopted in the grant of second and
third MACP and correct the same.
iii. Certify and transmit the entire records and
papers pertaining to the applicant's case so that
after causes shown there of considerable justice
Patna High Court CWJC No.1170 of 2026(3) dt.29-01-2026
2/3
may be done unto the applicant by way of grant
of reliefs as prayed for in (i) and (ii) above.
iv. Any further order/orders and/or direction or
directions as to your Lordships may deem fit and
proper.”
3. Learned Advocate for the petitioner submitted that
despite the fact the petitioner is entitled to get the benefit of 3rd
MACP w.e.f. 01.01.2009 in PB 3 Grade Pay 6600/- in terms
with the notification issued by the Government as also the
Modified ACP scheme 2010, he has not been extended such
monetary benefits compelling him to approach this Court. For
redressal of his grievance, the petitioner has also approached
before the District Education Officer, Patna by filing a detailed
representation on 26.03.2025 and further on 26.05.2025, the
copies of which have been duly received by the office of the
concerned respondent, but till date no decision has been taken.
4. Learned Advocate for the State fairly submitted that
the petitioner has already approached before the competent
authority who shall consider his claim and pass an appropriate
order.
5. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the fact that the representation of the petitioner for extending
the benefit of 3rd MACP is pending consideration before the
Patna High Court CWJC No.1170 of 2026(3) dt.29-01-2026
3/3
District Education Officer, Patna, the present writ petition stands
disposed off with a direction to the respondent no.2 to consider
the claim of the petitioner as raised in his representation
(Annexures-P-2 and P-3), preferably within a period of ten
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 favor, necessary consequential monetary benefit
must be accorded to him, in accordance with law.
7. This disposes the writ petition.
(Harish Kumar, J)
rohit/-
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