Patna High Court
Bunsh Narayan BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court disposed the writ application, directing the petitioner to file a representation and the respondent to decide and pay any due benefits, without granting mandamus.
Summary
Bunsh Narayan Bhagat, a former peon appointed on 08‑06‑1990 in the Child Development Project Officer's office, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay him arrears under the 1st A.C.P. (effective 08‑06‑2000), 2nd A.C.P. (effective 08‑06‑2010) and M.A.C.P. (effective 08‑06‑2020) along with statutory interest. The petitioner alleged that the Department had forwarded his claim to the Director of Social Welfare but no adjudication had been made. The court, after hearing counsel, declined to issue mandamus and instead ordered the petitioner to file a representation before the Director of the Social Welfare Department within two weeks. The respondent was directed to decide the representation within six weeks and, if payable, to release the benefits within four weeks of that decision. If the representation is rejected, a reasoned order must be communicated to the petitioner. Consequently, the writ application was disposed with these procedural directions.
Issues considered
- What relief, if any, is appropriate under the A.C.P. Rules for a former government employee seeking arrears and interest?
- Whether the court should issue a writ of mandamus directing payment of the alleged benefits.
Subjects
- mandamus
- writ jurisdiction
- social welfare
- arrears of pension
- interest
- representation
- Bihar
- Child Development Project Officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2077 of 2026
======================================================
Bunsh Narayan Bhagat, Son of Late Babu Ram Bhagat, Resident of Village-
Kaithhar Khurd, Post Office- Sikathi, Police Station- Dhansoy, District-
Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through Director, Social Welfare Department,
Government of Bihar, Indira Bhawan, Bailey Road, Patna.
2. The Director, Social Welfare Department, Government of Bihar, Indira
Bhawan, Bailey Road, Patna.
3. The District Magistrate-cum-Collector, District- Rohtas.
4. The District Programme Officer, District- Rohtas.
5. The Child Development Project Officer (C.D.P.O.), Dehari Gramin, District-
Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the Respondent/s : Standing Counsel-15
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“(i) For issuance of writ in the nature
of Mandamus for commanding the respondent
authorities for payment of benefit of Ist A.C.P.
w.e.f. 08.06.2000, IInd A.C.P. w.e.f. 08.06.2010
and M.A.C.P. w.e.f. 08.06.2020 on the basis of
appointment of the petitioner w.e.f. 08.06.1990
on the post of Parichari (Peon) in the office of
Child Development Project Officer (C.D.P.O.),
Noor Sarai, District-Nalanda and the
Patna High Court CWJC No.2077 of 2026(2) dt.10-02-2026
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Department forwarded the letter for payment of
benefits of Ist, IInd A.C.P. and M.A.C.P. to the
respondent No. 2 where the grievances of
petitioner is pending without any adjudication in
the light of A.C.P. Rules issued by the Bihar
Government in accordance with law in the
interest of justice.
(ii) For commanding the respondent
authorities for payment of interest on the amount
of Ist, IInd A.C.P. and M.A.C.P. in accordance
with law in the interest of justice.
(iii) For any other relief/reliefs
admissible under the law in the light of factual
profile of this case in the interest of Justice.”
3. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to file a representation
before the Director, Social Welfare Department, Government of
Bihar, Indira Bhawan, Bailey Road, Patna (respondent no.2)
within a period of two weeks.
4. In case such a representation is filed, the
respondent no.2 shall decide the same in accordance with law
within a period of six weeks from the date of its filing and pay
the consequential benefits found payable to the petitioner within
a period of four weeks from the date of disposal of the
representation.
Patna High Court CWJC No.2077 of 2026(2) dt.10-02-2026
3/3
5. In case the representation of the petitioner does not
find favour with the respondent concerned, a reasoned order
shall be communicated to the petitioner within the aforesaid
period.
6. With the above observations and directions, the writ
application stands disposed of.
(Partha Sarthy, J)
avinash/-
U
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