Patna High Court
Nagendra TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The Court directed the petitioner to file a fresh representation and the respondents to consider the claim and pass a reasoned order, thereby disposing of the writ application.
Summary
The petitioner, a Hawaldar in the Bihar Special Armed Police, filed a writ seeking a mandamus directing the State of Bihar and police authorities to consider his claim for a third MACP and promotion to Sub‑Inspector after completing the requisite service periods, and to pay the salary differences due. He alleged that his representation dated 26‑May‑2025, forwarded to the relevant authorities, had not been acted upon. The Court examined the petitioner's grievance and found no substantive decision by the respondents. In the interest of justice, the Court ordered the petitioner to file a fresh representation, attaching the earlier one, to the Director General of Police within two weeks, and directed the respondent to consider the matter, hold a hearing, and issue a reasoned order within six weeks. Accordingly, the writ application was disposed of on these terms.
Issues considered
- Whether the State and police authorities are obligated to consider the petitioner's claim for the third MACP and promotion to Sub‑Inspector after the prescribed service period.
- Whether the petitioner's claim for salary differences arising from the alleged entitlement to the third MACP and promotion is maintainable.
Subjects
- service promotion
- MACP
- mandamus
- police service
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21024 of 2025
======================================================
Nagendra Tiwari Son of Late Ram Shankar Tiwari, resident of village- Barki
Nainijor, Police Station - Nainijor, District- Buxar, presently posted as
Hawaldar- 55, Bihar Special Armed Police- 2, Dehri-on-Sone, Police Station-
Dehri-on-Sone, District- Rohtas.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home (Police) Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Director General, Bihar Special Armed Police Force, Bihar, Patna.
4. The Deputy Inspector General, Bihar Special Armed Force (Central
Division), Patna.
5. The Commandant, Bihar Special Armed Police- 2, Dehri-On-Sone, District-
Rohtas.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Arun Kumar, Advocate
For the Respondent-State: Mr. Additional Advocate General (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the parties.
2. The petitioner has filed this writ application for
following reliefs:-
“(I) For issuance of a writ in the
nature of mandamus commanding and
directing upon the Respondents concerned to
consider the claim of petitioner for grant of
3rd MACP after completion of 30 years of
service w.e.f, 19.12.2018 as well as for
promotion on the post of Sub-Inspector w.e.f
19.12.2023 since when similarly situated
employees or even juniors to the petitioner
have been considered and granted the
Patna High Court CWJC No.21024 of 2025(2) dt.31-01-2026
2/3
promotion on the post of sub-Inspector as
well as benefit of 3rd MACP but claim of
petitioner is not considered without
assigning any valid reason despite the fact
that petitioner has represented his claim
through proper channel on 26.5.202S
addressed to Respondent No.5 which has
already been endorsed with all necessary
service records and information vide letter
No.2650 dated 3.6.2025 addressed to
respondent No.4 but till date neither claim of
petitioner has been considered nor any
communication has been made with the
petitioner.
II. For further direction upon the
respondents concerned to pay the due
differences of salary accrued after providing
the benefit of 3rd MACP as well as regular
promotion on the post of S.I, which is due
w.e.f. 19.12.2018 and 19.12.2023
respectively.
III. Any other order/orders for
granting any other relief/reliefs for which the
petitioner is found entitled to in the facts and
circumstances of the case.
IV. For grant of any other
relief/reliefs for which the petitioner is
legally entitled in1the facts and
circumstances of the case.”
Patna High Court CWJC No.21024 of 2025(2) dt.31-01-2026
3/3
3. At the outset, it is submitted by the learned counsel
for the petitioner that vide Annexure-P/2, the petitioner has filed
a detailed representation before the respondent no.5 raising his
grievance, who, in turn, has forwarded his representation to the
respondent no.3 by Annexure-P/3 vide Letter No. 2650 dated
03.06.2025 for the needful. However, till date no decision has
been taken on the representation filed by the petitioner.
4. In the interest of justice, this Court finds it
expedient to direct the petitioner to file a fresh representation
annexing his previous representation with a copy to this order
before respondent no. 3 within two weeks from today. It is
expected that respondent No.3 shall consider all the aspects of
the matter and the grounds mentioned in the representation after
affording an opportunity of hearing to the petitioner and pass a
reasoned and speaking order in accordance with law within a
period of six weeks from the date of receipt of the
representation, which may be communicated to the petitioner.
5. This writ application stands disposed of in the
aforesaid terms.
(Praveen Kumar, J)
shivam/-
U
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