Created by Fuzzy Cloud

Patna High Court

Basant Kumar Tiwari @ Bashant Kumar TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first file a representation before the Engineer‑in‑Chief, and the respondent must decide the representation within two months, providing a reasoned order if the relief is denied.

Summary

The petitioner, Basant Kumar Tiwari, filed a writ petition seeking the payment of third ACP/MACP salary, arrears, pension adjustments, and exemption from a computer proficiency test, alleging entitlement from 1 July 2019. The respondents, comprising the State of Bihar and officials of the Rural Works Department, opposed the reliefs. The Patna High Court directed the petitioner to first file a representation before the Engineer‑in‑Chief of the Rural Works Department within four weeks. The Court further ordered that the concerned respondent must dispose of the representation within two months and, if the relief is denied, provide a reasoned order. The writ petition was consequently disposed with these procedural directions.

Issues considered

  • What entitlement, if any, does the petitioner have to the upgraded third ACP/MACP salary and related benefits from 1 July 2019?
  • Whether the petitioner is entitled to exemption from the computer proficiency test for the post.
  • Whether the administrative authority must entertain a representation and decide it within a stipulated time before denying relief.

Subjects

  • service matters
  • pay scale
  • third ACP
  • MACP
  • representation
  • administrative law
  • Patna High Court
  • Rural Works Department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1646 of 2026
                 ======================================================
                 Basant Kumar Tiwari @ Bashant Kumar Tiwari Son of Lalan Tiwari,
                 Resident of Village- Pipra, Police Station- Nautan, District- Siwan.

                                                                   ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Secretary, Rural Works Department,
                 Government of Bihar, Patna.
           2.    The Engineer-in-Chief, Rural Works Department, Government of Bihar,
                 Patna.
           3.    The Executive Engineer, Rural Works Department, Gopalganj.
           4.    The Executive Engineer, Rural Works Department, Hatuwa in District-
                 Gopalganj.
           5.    The District Magistrate, Gopalganj.
           6.    The Superintending Engineer, Rural Works Department, Work Circle,
                 Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shubh Narain Singh, Advocate
                                                  Ms. Shifa Khan, Advocate
                 For the Respondent/s    :        Mr. Government Advocate 05
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   05-02-2026                      Heard learned counsel for the parties.

                                 2. The petitioner has filed the instant application for

                   the following reliefs:

                                                       “1. (i) For command and directing
                                             the respondents for payment of third A.C.P. /
                                             M.A.C.P. with effect from 01.07.2019 to till
                                             date and pay arrears of salary and fix the
                                             pension accordingly from 01.07.2019 with
                                             upgraded third A.C.P. / M.A.C.P. to till date.
                                                       (ii) For directing the respondents
                                             for exemption of computer proficiency test
           Patna High Court CWJC No.1646 of 2026(2) dt.05-02-2026
                                                       2/2




                                             and to pay the all-consequential benefits
                                             attached to the post.
                                                          (iii) And/or for any other relief /
                                             reliefs to the petitioner for which he may be
                                             entitled to in the eye of law.”

                                 3. Let the petitioner file a representation before the

                     respondent no. 2 i.e. the Engineer-in-Chief, Rural Works

                     Department, Government of Bihar for the reliefs prayed for by

                     the petitioner in the instant application.

                                 4. In case such a representation is filed within a period

                     of four weeks, the same shall be decided/disposed off by the

                     respondent concerned within a period of two months from the

                     date of its filing and the consequential benefits found payable

                     shall be paid within the said period.

                                 5. It is further directed that in case the representation

                     of the petitioner does not find favour with the respondent

                     concerned, reasoned order for the same shall be passed and

                     communicated to the petitioner within the aforesaid period.

                                 6. The writ application stands disposed off with the

                     above observations and directions.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.