Patna High Court
Upendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioners must first file individual representations before the Engineer‑in‑Chief, and therefore dismissed the writ petition pending that administrative remedy.
Summary
The petitioners, Upendra Prasad Singh and Awadhesh Kumar Ram, filed a writ petition seeking a direction to the State of Bihar and its Rural Works Department to grant them the 1st and 2nd Assured Career Progression (ACP) and 3rd MACP in accordance with a 2024 High Court order and a 2019 Supreme Court judgment. They also sought consideration of their representations filed under a February 2025 notification. The Court examined whether it could directly order the grant of ACP/MACP and found that the appropriate remedy was for the petitioners to first file individual representations before the Engineer‑in‑Chief of the Rural Works Department. Accordingly, the writ was disposed, directing the petitioners to file their representations within four weeks and directing the department to decide the matter within two months, with payment of any dues thereafter. If the representation is rejected, the department must issue a reasoned order. The petition was thus dismissed pending the administrative process.
Issues considered
- Whether the High Court can directly direct the grant of Assured Career Progression and MACP to the petitioners based on prior judgments.
- Whether the writ petition is maintainable for the relief sought without first filing representations before the administrative authority.
- Whether the petitioners must first approach the Engineer‑in‑Chief of the Rural Works Department before seeking judicial intervention.
Subjects
- Assured Career Progression
- MACP
- Writ jurisdiction
- Administrative law
- Representation
- Bihar Rural Works Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1648 of 2026
======================================================
1. Upendra Prasad Singh S/o-Sri Baleshwar Singh, R/o- Dighi Kalan, P.S.
Hajipur Town, District- Vaishali-844102, presently residing at Village-
Fatikwara, PO and PS- Deshari, District- Vaishali.
2. Awadhesh Kumar Ram S/o-Sri Rajendra Ram, R/o- Vill- Bariyarpur, PO and
P.S.- Bheldi, District- Saran, presently residing at Azad Nagar, Near Garkha
Dhala, PO and PS- Chpara, District- Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Rural Works Department, Government
of Bihar, Patna.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna.
3. The Engineer in Chief, Rural Works Department, Bihar, Patna.
4. The Superintending Engineer, RWD, Works Circle, Muzaffarpur.
5. The Superintending Engineer, RWD, Works Circle, Patna.
6. The Executive Engineer, RWD, Works Division, Muzaffarpur West.
7. The Executive Engineer, RWD, Works Division, Barh, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Roona, Advocate
Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Mahtab Alam, AC to SC- 20
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the parties.
2. The petitioners have filed the instant application for
the following reliefs:
“1. (i) For a direction upon the
respondent to consider the case of the
petitioners for grant of 1st and 2nd Assured
Career Progression and 3rd MACP in the
light of order dated 28.06.2024 passed in
C.W.J.C. No. 18727 of 2017 (Kamlanand
Patna High Court CWJC No.1648 of 2026(2) dt.05-02-2026
2/3
Thakur vs. The State of Bihar and others).
(ii) For consideration of the
Representation of the Petitioners as
contained in Annexure- 7 & 8 in the light of
letter dated 27.02.2025 as contained in
Annexure-6, whereby the issue relating to
grant of 1st ACP in the Pay Scale of Rs.
6500-10500, 2nd ACP in Pay Scale of Rs.
10000-15200 and 3rd MACP stands finally
present to order passed by Hon’ble Apex
Court in S.L.P. No. 8219-8226/2019 (Amresh
Kumar Sinha vs. State of Bihar and others)
and a Notification to this effect dated
27.02.2025 has been issued.
(iii) Any other order/orders to
which the petitioners may be found entitled
to in the facts and circumstances of the
case.”
3. In view of the nature of prayers and the averments
made in the writ application, the writ application is disposed off
directing the petitioners to file their separate/individual
representations before the Engineer in Chief, Rural Works
Department, Bihar (respondent no. 3) within a period of four
weeks.
4. In case such a representation is filed, the same shall
be decided by the respondent concerned within a period of two
months from the date of its filing and the consequential admitted
Patna High Court CWJC No.1648 of 2026(2) dt.05-02-2026
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dues found payable shall be paid within the said period.
5. In case the representation of the petitioners does
not find favour, reasoned order for the same shall be passed and
communicated to the petitioners without any delay.
6. The writ application stands disposed off with the
above observations and directions.
(Partha Sarthy, J)
sauravkrsinha/-
U
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