Created by Fuzzy Cloud

Patna High Court

Om Prakash SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed the writ application, directing the petitioner to file a fresh representation before the D.I.G. of Police, B.S.A.P., Central Zone, with specified timelines for decision and payment of benefits.

Summary

The petitioner, a constable in the Bihar State Armed Police, filed a writ application seeking the grant of a second and third M.A.C.P. with retroactive effect, alleging that he had completed the requisite 30 years of service but had not received the benefits. The petition claimed that his earlier representation to the D.I.G. of Police, B.S.A.P., Central Zone, remained pending. The court examined the petition and noted that the representation had not been decided. Consequently, the court directed the petitioner to file a fresh representation before the D.I.G. within one month, with the respondent required to decide it within six weeks and pay any consequential benefits within two months. The court also ordered that if the representation is rejected, a reasoned order must be communicated immediately. The writ application was thus disposed with these directions.

Issues considered

  • Whether the writ petition seeking retroactive grant of 2nd and 3rd M.A.C.P. can be entertained when the petitioner’s representation to the concerned authority remains pending
  • Whether the court can direct the petitioner to file a fresh representation and prescribe timelines for decision and payment of benefits

Subjects

  • promotion
  • M.A.C.P.
  • service benefits
  • civil writ jurisdiction
  • administrative representation
  • public service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1847 of 2022
                 ======================================================
                 Om Prakash Sharma Son of Ramdeni Sharma, Residento f Vill-Gobind Ganj,
                 P.S.-Gobindganj, District-East Champaran, At Present Posted as Constable in
                 BMP-10, now Known as B.S.A.P. 10, P.O.-B.V. College, P.S.-Hawaiadda,
                 District-Patna.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Director General of Police, Bihar, Patna.
           3.    Additional Director General of Police, Bihar Special Armed Police Bihar,
                 Patna.
           4.    D.I.G. of Police, B.S.A.P., Central Zone, Patna.
           5.    Commandant, B.S.A.P.-10, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ram Hriday Prasad, Advocate
                 For the Respondent/s   :        Mr. Suman Kumar Jha, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   24-04-2026                  Heard learned counsel for the parties.

                               2. The petitioner has filed the instant application for

                   the following relief (s) :-

                                   “1. That, this is an application for issuance of
                                   direction or to the appropriate writ, order
                                   respondents for granting 2nd M.A.C.P. to the
                                   petitioner from 1.1.2009 in place of 5.5.2019 and
                                   for granting 3rd M.A.C.P. from 2018 after
                                   completion of 30 years of service which has not
                                   been given to the petitioner and for grant of all
                                   consequential benefits.”


                               3. Having heard learned counsel for the parties and
         Patna High Court CWJC No.1847 of 2022(3) dt.24-04-2026
                                                     2/2




                   having perused the contents of the petition, it transpires that the

                   representation filed by the petitioner for the relief prayed for in

                   the instant application has not yet been decided by the

                   respondent- D.I.G of Police, B.S.A.P, Central Zone, Patna

                   (respondent no.4).

                               4. In view of the facts and circumstances of the case,

                   the writ application is disposed of directing the petitioner to file

                   a fresh representation before the respondent no.4, which if filed

                   within one month shall be decided in accordance with law

                   within a period of six weeks from the date of its filing and the

                   consequential benefits found payable to the petitioner shall be

                   paid within two months from the date of passing of the order.

                               5. In case the representation of the petitioner does not

                   find favour with the respondent concerned, the respondent shall

                   pass a reasoned order which shall be communicated to the

                   petitioner forthwith.

                               6. The writ application stands disposed of with the

                   above observations and directions.



                                              (Partha Sarthy, J)
Shiv/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

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