Patna High Court
Rameshwar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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
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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
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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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