Patna High Court
Vidyavati MishraversusThe State Of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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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