Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner had already been granted the First ACP and Second MACP with the respective effect dates and financial benefits, so the writ petition was dismissed.
Summary
Petitioner Pramod Kumar filed a writ petition seeking the grant of First ACP and associated pay upgradation effective 26‑12‑2008, and Second MACP with pay upgradation effective 26‑12‑2016, relying on the Seventh Pay Revision resolution. No counsel appeared for the petitioner, while the respondents were represented. The respondents submitted a counter‑affidavit showing that the District Screening Committee, in a meeting on 31‑08‑2022, had already approved the petitioner’s First ACP and Second MACP with the said effect dates and that a payment of Rs 4,54,805 was made as the financial benefit on 13‑12‑2023. The Court examined the affidavit, found that the petitioner had indeed received the benefits claimed, and concluded that there was no remaining relief to be granted. Consequently, the writ application was disposed of as the grievance was deemed redressed.
Issues considered
- Whether the petitioner is entitled to First ACP and the corresponding financial upgradation from 26‑12‑2008
- Whether the petitioner is entitled to Second MACP and the corresponding financial upgradation from 26‑12‑2016
- Whether the petitioner’s grievance has been fully redressed
Subjects
- writ petition
- ACP
- MACP
- pay revision
- Bihar
- District Screening Committee
- financial upgradation
- Seventh Pay Commission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1619 of 2022
======================================================
Pramod Kumar S/o Late Rajdev Singh R/o Village and Post-Madhurapur,
P.S.-Suppi, District-Sitamarhi, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secreary, General Administration Department, Government of
Bihar, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
4. The Principal Secretary, Department of Home (Police), Government of
Bihar, Patna.
5. The District Magistrate, Sitamarhi, Bihar.
6. The Superintendent of Police, Bihar.
7. The Circle officer, Bairginiya, Sitamarhi, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Sheo Shankar Prasad, SC- 8
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 16-03-2026 No one appears for the petitioner. Learned counsel for
the respondents is present.
2. The petitioner has filed the instant application for
the following reliefs:
“(i) For issuance of
appropriate writs, orders or directions
upon the respondents whereby and
where under the respondents may be
directed to give First A.C.P or First
Financial Up Gradation in pay and
Patna High Court CWJC No.1619 of 2022(3) dt.16-03-2026
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it's consequential financial benefits to
the petitioner w.e.f 26.12.2008 or with
effect from such date from which the
petitioner is entitled to, in the Pay
Scale of Rs. 2750-70-3800-75-4400,
and,
(ii) For issuance of
appropriate writs, orders or directions
upon the respondents to grant Second
M.A.C.P. or Second Financial Up
Gradation in pay and it's
consequential financial benefits to the
petitioner w.e.f. 26.12.2016 or with
effect from such date from which the
petitioner is entitled to, in Level 3 in
light of the Resolution No. 3590 dated
24.05.17 issued by the Finance
Department (Seventh Pay Revision),
and
(iii) And any other
appropriate reliefs may be given to the
petitioners under the given facts of the
case.”
3. It is submitted by learned counsel for the
respondents in reference to the counter affidavit filed on behalf
of respondent nos. 5 to 7 that the grievance of the petitioner has
been redressed. Relevant paragraph no. 5(iv) and (v) are
reproduced herein below for ready reference.
Patna High Court CWJC No.1619 of 2022(3) dt.16-03-2026
3/4
“5. (iv) That for organising
the meeting of District Screening
Committee correspondences were
done at the district level for collecting
due information regarding
performance of duty of such
chaukidars who had completed the
required period of service for grant of
ACP/MACP and after collecting
information, the meeting of the
District Screening Committee was
organised on 31.08.2022 and as per
proceeding of the meeting, the
petitioner at proposal no. 12 has been
granted benefit of 1st ACP and 2nd
MACP w.e.f. 26.12.2008 and
26.12.2016 respectively.
(v) That in the light of the
above mentioned decision of the
District Screening Committee, the
petitioner has been paid Rs.
4,54,805/- (Rupees Four lacs Fifty
Four thousand Eight hundred Five)
only as the financial benefit of the
above mentioned ACP/MACP vide
CFMS dated 13.12.2023.”
4. Having heard learned counsel for the respondents
and having perused the contents of the counter affidavit, the
petitioner having been given the benefit of the first ACP with
Patna High Court CWJC No.1619 of 2022(3) dt.16-03-2026
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effect from 26.12.2008 and the benefit of the second MACP
with effect from 26.12.2016 as also the consequential benefits
thereof to the tune of Rs.4,54,805/-, in the opinion of the Court,
nothing remains to be decided in the instant writ application, the
grievance of the petitioner having been redressed.
5. The application stands disposed off.
(Partha Sarthy, J)
sauravkrsinha/-
U
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