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Patna High Court

Rameshwar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant mandamus and disposed the writ, directing the petitioner to make a fresh representation before the Collector for determination of the claim.

Summary

The petitioner, a revenue employee appointed in 1978, claimed entitlement to the third Mid‑Career Advancement Promotion (MACP) due from 1 January 2009 after completing over 30 years of service. He alleged that despite receiving the first and second assured career progression promotions, the authorities failed to grant the third MACP despite his representations, including a memo from the Finance Department. The petitioner sought a writ of mandamus directing the respondents to grant the promotion and any other reliefs. The Court, noting that no respondent appeared, examined the petition but declined to adjudicate the merits of the entitlement claim. Instead, the Court directed the petitioner to file a fresh representation before the Collector of Supaul within four weeks, and ordered the Collector to decide the matter within two months, with payment, if any, to be made within one month of the decision. The writ application was therefore disposed without granting mandamus, leaving the substantive issue to be decided by the administrative authority.

Issues considered

  • What is the petitioner’s entitlement to the third MACP promotion as of 1 January 2009?
  • Whether a writ of mandamus can be issued to compel the government authorities to grant the MACP promotion.

Subjects

  • Mandamus
  • MACP
  • government service promotion
  • Writ jurisdiction
  • Representation before collector
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case no.19951 of 2025
                 ======================================================
                 Rameshwar Sah S/o Baburam Sah, Resident of Bengha, Ward no. . 4, Saharsa,
                 Bihar. 852201.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Chief Secretary.
           2.    Principal Secretary, Finance Department, Government of Bihar.
           3.    Principal Secretary, Revenue Department, Government of Bihar.
           4.    Collector, Supaul.
           5.    Treasury Officer, Supaul.
           6.    Accountant General, Bihar.
           7.    Anchal Adhikari, Bhaptiyahi, Basantpur, Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Mallika Mazumdar, Advocate
                 For the Respondent/s     :      Government Pleader (27)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08.01.2026                  1. Heard learned counsel for the petitioner. No one

                   appears for the respondents.

                                2. The petitioner has filed the instant application for

                   the following reliefs:

                                        “(i) To issue an appropriate order(s)/ direction
                                        (s)/ writ in the nature of Mandamus directing the
                                        Respondents Authorities to grant 3rd M.A.C.P
                                        due from 01-01-2009.
                                        (ii) To grant any other relief(s), which your
                                        Lordship may deem fit and proper in the interest
                                        of justice, equity and good conscience.”
                               3. It is case of the petitioner that he was appointed as
Patna High Court CWJC no.19951 of 2025(2) dt.08.01.2026
                                            2/3




          a Revenue Karamchari on 21.7.1978 in the scale of 220-315 and

          his services were confirmed vide order dated 27.7.1988 passed

          by the Deputy Collector, Saharsa with effect from 1.4.1980. The

          petitioner passed his Hindi Noting and Drafting Examination on

          21.9.1981.

                       4. Learned counsel for the petitioner submits that the

          petitioner was given the 1st and 2nd Assured Career Progression

          Promotion with effect from 9.8.1999 after completion of 12

          years/ 24 years respectively.

                       5. It is further submitted that as per the Finance

          Department Memo no. 18/2009-7566 dated 14.7.2010, the

          petitioner who has completed more than 30 years of service on

          1.1.2009 is entitled for MACP, but he has not been given the

          same inspite of having filed representation before the

          respondent authorities, one of which addressed to the Circle

          Officer, Saraigarh, Bhaptiyahi has been brought on record as

          Annexure-P/2 to the application.

                       6. Having heard learned counsel for the petitioner and

          having perused the contents of the petition, the writ application

          is disposed of directing the petitioner to file a fresh

          representation before the Collector, Supaul (respondent no. 4)

          within a period of four weeks for the reliefs/grievances raised in
          Patna High Court CWJC no.19951 of 2025(2) dt.08.01.2026
                                                      3/3




                    the instant writ application.

                                 7. If such a representation is filed, the respondent no.

                    4 shall decide the same in accordance with law within a period

                    of two months from the date of its filing. In case any amount is

                    found payable to the petitioner, the same shall be paid within a

                    period of one month from the date of disposal of the

                    representation.

                                 8. In case such a representation of the petitioner does

                    not find favour with the respondent concerned, a reasoned order

                    for the same shall be communicated to the petitioner at the

                    earliest.

                                 9. It is made clear that the Court has not gone to the

                    merits of the case which is to be decided by the respondent

                    concerned.

                                 10. The writ application stands disposed of with the

                    above observations and directions.



                                                (Partha Sarthy, J)
Bibhash

U


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