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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




                                          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
                                                       4/4




                     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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