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Patna High Court

Vidyavati MishraversusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The Court held that the petitioner is entitled to the monetary benefits of the second ACP scheme and directed the respondents to pay the same within three months.

Summary

Vidyavati Mishra, a retired primary school employee, filed a writ petition seeking the grant of monetary benefits under the Second Assured Career Progression (ACP) Scheme as per the ACP Rules, 2003. The State of Bihar contended that the grievance had already been redressed, citing letters indicating that a decision to grant the benefit was communicated on 21 September 2023. The petitioner argued that despite the decision, no monetary benefit had been paid and she had retired during the pendency of the case. The Court observed that the benefit had indeed not percolated to the petitioner even after the decision. Consequently, the Court directed the respondent authorities to pay all monetary benefits arising from the decision within three months and allowed the writ application.

Issues considered

  • Whether the petitioner is entitled to the monetary benefits of the Second Assured Career Progression Scheme despite having retired.
  • Whether the respondent authorities have complied with the decision communicated in Memo No.2951 dated 21.09.2023.
  • Whether the writ petition seeking direction for payment of the benefits should be granted.

Subjects

  • Assured Career Progression Scheme
  • government employees
  • retirement
  • writ petition
  • administrative law
  • delayed payment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.11949 of 2017
                 ======================================================
                 Vidyavati Mishra wife of Markendeshwar Mishra, resident of Village-
                 Naraipur, P.S.- Bagaha, District- West Champaran, Presently residing at
                 Village- Sukpurwa, Ward No.3, P.S.- Patkhauli, District- West Champaran.
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State Of Bihar.
           2.    The Principal Secretary, Education Department, Govt. of Bihar, Patna.
           3.    The Principal Secretary, Department of Finance, Government of Bihar,
                 Patna.
           4.    Director, Primary Education, Government of Bihar, Patna.
           5.    The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
           6.    The District Education Officer, West Champaran, Bettiah.
           7.    The District Programme Officer Establishment, West Champaran, Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Bimlesh Kumar Pandey, Adv.
                 For the Respondent/s   :       Mr.Madhaw Pd. Yadav, GP-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

5   31-01-2026                 Heard learned counsel for the petitioner and learned

                   counsel appearing for respondents-State.

                               2. The petitioner in the present writ application has

                   prayed for the grant of following reliefs:

                                                 “1. That, the petitioner seeks indulgence
                                                 of this Hon'ble Court for directing and
                                                 commanding the respondent authorities
                                                 to consider the grant of Second Assured
                                                 Career Progression Scheme (A.C.P.
                                                 Scheme) in grade pay of Rs. 4600/- in the
                                                 pay band of Rs. 9300-34800/- to
                                                 corresponding grade pay as per the
                                                 grade defined in the definition Rule-4 of
                                                 Assured Career Progression Scheme
                                                 (A.C.P) Rules-2003 notified by the
Patna High Court CWJC No.11949 of 2017(5) dt.31-01-2026
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                                          Finance Department, Government of
                                          Bihar, to the petitioner from due date and
                                          with consequential benefits.”

                      3. Learned counsel appearing for respondents-State

          submits that the grievance of the petitioner has already been

          redressed. In this regard learned counsel appearing for

          respondents-State invites the attention of this Court to paragraph

          nos.6, 7 and 8 of the supplementary counter affidavit filed on

          behalf of respondent nos.6 and 7, which is quoted herein below

          for needful:

                                          “6. That it is further to draw the
                                          attention of this Hon'ble Court that,
                                          meanwhile, retired from service after the
                                          petitioner       has      attaining      the
                                          superannuation age limit. The answering
                                          respondent enquired with the petitioner
                                          vide letter no. 5789 dated 03.12.2025
                                          about the claims made by the petitioner.
                                          In reply to the aforementioned letter, the
                                          petitioner in writing, submitted that
                                          claim, essentially the subject matter of
                                          this writ petition, been redressed in light
                                          of departmental has regulations issued
                                          from time to time.
                                                         A photocopy of letter no.
                                                         5789 dated 03.12.2025 of
                                                         the District Programme
                                                         Officer,      Establishment,
                                                         West Champaran and a
                                                         written submission are
                                                         being annexed herewith
                                                         and marked as Annexure-
                                                         R/A and R/B to this
                                                         supplementary         counter
                                                         affidavit respectively.
Patna High Court CWJC No.11949 of 2017(5) dt.31-01-2026
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                                          7. That later Education Department vide
                                          letter no. 1071 dated 07.10.2021 took a
                                          resolution wherein in clause 4, it was
                                          agreed to provide the Modified Assured
                                          Career Progression Scheme in terms
                                          employees to Govt. primary school
                                          employees, subject other government to
                                          the eligibility laid down in Modified
                                          Assured Career Progression scheme
                                          (ACP) Rules, 2010 and further a detailed
                                          guideline was issued vide letter no. 1064
                                          dated 14.09.2022 under the signature of
                                          Deputy          Secretary,        Education
                                          Department.
                                                         A photocopy of letter no
                                                         1071 dated 07.10.2021 and
                                                         letter no. 1064 dated
                                                         14.09.2022      of     Deputy
                                                         Secretary, Patna are being
                                                         annexed herewith and
                                                         marked as Annexure-R/C
                                                         and       R/D      to      this
                                                         supplementary          counter
                                                         affidavit respectively.
                                          8. That answering respondent in
                                          pursuance direction given by the Deputy
                                          Secretary, Education of the Department,
                                          agreed to the claims and subject matter
                                          of this petition vide letter no. 2951 Dated
                                          21.09.2023 and provided the benefits.
                                                         A photocopy of letter no.
                                                         2951 dated 21.09.2023 are
                                                         being annexed herewith
                                                         and marked as Annexure-
                                                         R/E to this supplementary
                                                         counter               affidavit
                                                         respectively to this counter
                                                         affidavit.”
                      4. Learned counsel for the respondents-State further

          invites the attention of this Court to a letter contained in Memo
Patna High Court CWJC No.11949 of 2017(5) dt.31-01-2026
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          No.2951 dated 21.09.2023 (Annexure-R/C) by which the

          District Education Officer, West Champaran, Bettiah has

          communicated that a decision has already been taken to grant

          the benefit of second MACP to the petitioner.

                      5. To the above submission made by learned counsel

          appearing for respondents-State, learned counsel for the

          petitioner submits that it is true that by letter bearing Memo

          No.2951 dated 21.09.2023 (Annexure-R/C), it has been

          communicated by the District Education Officer, West

          Champaran, Bettiah that decision has been taken to grant the

          benefit of second MACP to the petitioner, but till date the

          petitioner has not been paid any monetary benefit in light of the

          said decision and the petitioner has already retired during the

          pendency of this case.

                      6. Considering the submissions made by both the

          parties, this Court has no hesitation in observing that even after

          taking decision in July, 2023 which is reflected from the letter

          contained in Memo No.2951 dated 21.09.2023 (Annexure-R/C)

          to grant benefit of second MACP to the petitioner, till date the

          benefit has not percolated to the petitioner who has already

          retired during the pendency of this case.

                      7. In the aforesaid facts and circumstances, this Court
          Patna High Court CWJC No.11949 of 2017(5) dt.31-01-2026
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                    considers it appropriate to dispose of the present writ

                    application directing the respondent authorities to grant all the

                    monetary benefits arising out of the decision contained in Memo

                    No.2951 dated 21.09.2023 (Annexure-R/C) to the petitioner

                    within three months from the date of receipt/production of a

                    copy of this order.

                                8. The writ application is therefore allowed in the

                    aforesaid terms.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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