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Patna High Court

Jagdish Prasad @ Jagdish Prasad SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition was dismissed because the petitioner failed to satisfy the conditions of Notification No. 3127 and therefore was not entitled to the grant of ACP.

Summary

The petitioner, a retired health service employee, filed a writ petition seeking to quash a 24‑Nov‑2022 order that denied him the grant of Additional Compensatory Pension (ACP) on the ground that he had neither passed the departmental accounts examination nor applied for exemption before retirement. He argued that earlier proceedings before this Court (CWJC No. 1210 of 2019) and a Letters Patent Appeal (No. 309 of 2019) should compel the authorities to grant the 2nd and 3rd ACP and pay arrears with interest. The State contended that the petitioner failed to meet the conditions of Notification No. 3127 dated 06‑Mar‑2018, which required a pre‑retirement exemption application, and that the rejection was based on statutory criteria, not delay or laches. The Court examined the impugned order and found that the petitioner indeed did not satisfy the notification’s requirements. Consequently, the Court held that no relief could be granted and dismissed the writ petition. The decision affirmed that non‑fulfilment of statutory conditions bars entitlement to ACP benefits.

Issues considered

  • Whether the order rejecting the grant of ACP can be quashed by certiorari.
  • Whether the petitioner is entitled to 2nd and 3rd ACP despite not having passed the accounts examination or filed a pre‑retirement exemption.
  • Whether the petitioner's claim is barred by delay or laches.
  • Whether the Court can direct payment of arrears with statutory and penal interest.

Subjects

  • Additional Compensatory Pension
  • ACP
  • certiorari
  • mandamus
  • Notification No. 3127
  • departmental examination exemption
  • laches
  • writ petition
  • civil service pension

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17847 of 2025
     ======================================================
     Jagdish Prasad @ Jagdish Prasad Singh Son of Late Lal Bihari Singh
     Resident of Mohalla- Rama Devi Vila, Flat No.- 102, Road No.- 6, Indrapuri,
     P.O.- Keshri Nagar, P.S.- Rajiv Nagar, District- Patna.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Health, Government of Bihar, Patna.
3.   The Director, Health Services (Filaria Control), Government of Bihar, Patna.
4.   The Additional Director- cum- State Programme Officer, Health Services
     (Filaria Control), Bihar.
5.   The Deputy Director, Health Services (Filaria Control), Government of
     Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr. Amit Prakash, Advocate
     For the Respondent/s   :         Mr. Advocate General
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                     ORAL JUDGMENT

      Date : 07-04-2026

                     Heard learned counsel for the petitioner and learned

      counsel for the State.

                     2. The present writ petition has been filed for the

      following reliefs:-

                                             “(i) For issuance of order(s),
                                direction(s) or writ in the nature of
                                certiorari   to   quash     the    order    dated
                                24.11.2022 passed by Additional Director-
                                cum-State     Programme        Officer,    Health
                                Service (Filaria Control) Bihar, Patna
                                whereby and where under the claim of the
Patna High Court CWJC No.17847 of 2025 dt.07-04-2026
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                                 petitioner regarding grant of ACP has been
                                 rejected on the ground that he was not filed
                                 any application subject to exemption from
                                 the departmental exam during the service
                                 period or before 27.06.2018 and 08.08.2018.
                                                 (ii) For issuance of order(s),
                                 direction(s) or writ in the nature of
                                 mandamus         to   direct   the   respondent
                                 authorities to grant the benefit of 2nd ACP
                                 and 3rd ACP from the respective dates to the
                                 petitioner and to release the consequential
                                 financial benefits along with statutory as
                                 well as penal interest from the due date of its
                                 payment to the date of its actual release.
                                                 (iii) For any other relief(s) for
                                 which the petitioner is entitled.”
                        3. Learned counsel for the petitioner submits that

         the petitioner had earlier moved before this Court in CWJC No.

         1210 of 2019, which was disposed of vide judgment dated

         21.01.2019, wherein he was directed to file a fresh

         representation within a period of three weeks seeking an order

         for release of the arrears of the salary of the petitioner for the

         period of his suspension from 15.05.2012 to 12.09.2013.

                        4. Counsel further submits that the petitioner, being

         aggrieved by the order passed in CWJC No. 1210 of 2019,

         preferred Letters Patent Appeal No. 309 of 2019, which was
Patna High Court CWJC No.17847 of 2025 dt.07-04-2026
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         heard and disposed of vide judgment dated 19.02.2021 passed

         by the Hon’ble Division Bench of this Court. The Hon’ble

         Division Bench partially modified the order passed by the

         Hon’ble Single Judge, directing that the appellant shall file a

         detailed representation before the competent authority for grant

         of ACP.

                        5. Counsel further submits that thereafter the

         petitioner preferred a representation for grant of ACP, but the

         respondent authorities, vide order dated 24.11.2022, rejected the

         claim of the petitioner for grant of ACP solely on the ground

         that the petitioner had neither passed the accounts examination

         during his service period nor filed any application for exemption

         from the departmental examination, and he retired on

         31.03.2014.

                        6. Counsel further submits that the petitioner has

         already agitated the matter in the writ petition as well as in the

         LPA, therefore, the contention of the State is illegal and not

         sustainable. Counsel further submits that the order dated

         24.11.2022 (Annexure R-4) be quashed and a direction be

         issued for payment of ACP.

                        7. Learned counsel for the State, on the other hand,

         submits that the reasons for rejection of ACP have already been
Patna High Court CWJC No.17847 of 2025 dt.07-04-2026
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         well explained in the impugned letter dated 24.11.2022. Counsel

         further submits that it has been categorically indicated that the

         petitioner has neither passed the accounts examination during

         his tenure of service nor filed any application for exemption

         from the departmental examination during his service period.

                        8. It has also been contended that, in the impugned

         order, it is stated that the petitioner retired on 31.03.2014 and

         filed an application for exemption only after his retirement, i.e.,

         on 27.06.2018 & 08.08.2018. Therefore, the petitioner is not

         entitled to any relief in light of Notification No. 3127 dated

         06.03.2018.

                        9. Counsel further submits that the submission

         made by the petitioner that he had earlier moved before this

         Hon’ble Court is also not correct, as the petitioner approached

         this Court five years after his retirement vide CWJC No. 1210

         of 2019 and subsequently in LPA No. 309 of 2019, but during

         the said period he was not in service.

                        10. Counsel further submits that the observations

         made in the LPA are necessary for deciding the present case. It

         is further submitted that though liberty to file a representation

         has been granted, a condition has also been added that if the

         competent authority finds that the appellant is entitled to the
             Patna High Court CWJC No.17847 of 2025 dt.07-04-2026
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                      benefit of ACP, the same may be granted within three months

                      from the date of filing of such representation, and if the

                      competent authority finds that the appellant is not entitled to

                      grant of ACP, the same may be rejected by a reasoned and

                      speaking order within the said period.

                                     11. It has also been observed that non-grant of ACP

                      is a continuing wrong resulting in lower salary/pension, as such,

                      the claim of the appellant will not be hit by delay and laches.

                                     12. Here, in the present case, after going through

                      the impugned order, this Court is of the view that the claim of

                      the petitioner has not been rejected on the ground of delay and

                      laches, rather, it has been rejected on the ground that the

                      conditions of Notification No. 3127 dated 06.03.2018 have not

                      been fulfilled. It is due to the reason that the petitioner failed to

                      fulfill such conditions, this Court is not inclined to grant any

                      relief to the petitioner.

                                     13. Accordingly, the present writ petition is hereby

                      dismissed.


                                                                    (Dr. Anshuman, J.)
Aman Kumar/-
AFR/NAFR                   NAFR
CAV DATE                   NA
Uploading Date             09.04.2026
Transmission Date          NA


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