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Patna High Court

Ram Narayan SahuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Programme Officer Establishment, Madhubani to dispose of the pending representation within six months, after hearing, and to pass a reasoned order, with any granted relief to be implemented within three months.

Summary

The petitioner, a retired teacher with 34 years of service, sought revision of his pension, D.C.R., gratuity and leave‑encashment benefits under the ACP/MACP scheme, claiming they had not been granted. He filed multiple representations, the latest on 07‑08‑2025, which remained pending before the District Programme Officer (Establishment), Madhubani. The petitioner also prayed for penal interest and costs for alleged harassment. The respondents, including the State of Bihar and the Accountant General, raised no objection to the limited relief sought. The Court, by consent of the parties, disposed of the writ by directing the District Programme Officer to dispose of the pending representation within six months after hearing, to issue a reasoned order, and, if relief is warranted, to implement it within three months. All interlocutory applications were deemed disposed.

Issues considered

  • Whether the District Programme Officer Establishment, Madhubani, must dispose of the petitioner’s pending representation within a fixed time frame.
  • Whether the petitioner is entitled to revision of pension, D.C.R., gratuity and leave‑encashment under the ACP/MACP scheme.
  • Whether penal interest and costs for alleged harassment can be awarded.

Subjects

  • pension revision
  • gratuity
  • leave encashment
  • ACP
  • MACP
  • representation pending
  • administrative direction
  • penal interest
  • cost of harassment
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2616 of 2026
                 ======================================================
                 Ram Narayan Sahu Son of Late Lakshmi Sahu, Resident of Village and P.O.-
                 Dhabahi, Ward No.-1, Block-Laukahi, P.S.-Laukahi, District-Madhubani.

                                                                               ... ... Petitioner
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Bihar, Vikas Bhawan, Baily Road, Patna.
           2.    The Director, Primary Education, Education Department, Bihar, Patna.
           3.    The District Education Officer, Madhubani.
           4.    The District Program Officer (Establishment), Madhubani.
           5.    The Block Education Officer, Laukahi, District-Madhubani.
           6.    The Principal Accountant General (A and E), Bihar, Birchand Patel Path,
                 Patna.

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Ajay Kumar, Advocate
                 For the Respondent/s   :     Mr. Standing Counsel (08)
                 For Accountant General :     Mr. Vivekanand Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   19-02-2026                    Heard learned counsel for the petitioner, learned

                   counsel for the Accountant General and learned counsel for the

                   Respondent-State.

                               2. With the consent of all the parties, this writ

                   application is being disposed of at the present stage itself.

                               3. The petitioner in the present writ application has

                   prayed for the grant of following reliefs:-

                               i.) For a direction on the respondents, particularly the

                   respondent District Education Officer, Madhubani (Resp. no.3)

                   to revise the pension, D.C.R.-Gratuity & Leave-encashment of

                   the petitioner after approving his due 1st, 2nd & 3rd
Patna High Court CWJC No.2616 of 2026(2) dt.19-02-2026
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          A.C.P./M.A.C.P., the petitioner has retired on 30.6.22 after

          serving the nationalized schools over 34 years, but so far none

          of the benefits of the ACP/MACP have been allowed to him due

          to which his pension has been fixed at the low, the petitioner has

          requested the authority on 25.10.24, 7.2.25, 25.6.25 and 7.8.25.

                      ii.) For a further direction on the respondents to pay

          penal interest @ 16% to the petitioner over the dues.

                      iii.) For a further direction on the respondents to pay

          the Cost for causing harassments to the petitioner.

                      4. After advancing some argument, learned counsel

          for   the    petitioner      submits      that   he   has   filed   several

          representations for claiming the aforesaid relief, the last

          representation being dated 07.08.2025 which the petitioner

          claims to have filed before the District Programme Officer

          Establishment, Madhubani (Respondent No. 4) and submits that

          the same continues to be pending. Learned counsel for the

          petitioner further submits that the petitioner would be satisfied if

          an appropriate direction could be issued to the District

          Programme Officer Establishment, Madhubani (Respondent No.

          4) to dispose of his representation within a fixed time frame

          after giving an opportunity of hearing to the petitioner.

                      5. To this prayer being made by the learned counsel
Patna High Court CWJC No.2616 of 2026(2) dt.19-02-2026
                                            3/4




          for the petitioner, the learned counsel for the Respondent-State

          and learned counsel for the Accountant General do not have any

          objection.

                       6. Considering the limited nature of prayer made

          by the learned counsel for the petitioner, this writ

          application is disposed of directing the District Programme

          Officer Establishment, Madhubani (Respondent No. 4) to

          dispose of the pending representation of the petitioner dated

          07.08.2025 within a period of six months from the date of

          receipt/production of a copy of this order after giving an

          opportunity of hearing to the petitioner. Needless to

          emphasize that the final order which shall be passed by the

          District Programme Officer Establishment, Madhubani

          (Respondent No. 4) should be a reasoned and speaking

          order. It is further made clear that in case the petitioner is

          found entitled to the relief, the same should be extended to

          the petitioner within a further period ofthree months from

          the date of passing of the final order by the District

          Programme Officer Establishment, Madhubani (Respondent

          No. 4).

                       7. With the aforesaid observation and direction,
          Patna High Court CWJC No.2616 of 2026(2) dt.19-02-2026
                                                      4/4




                    the present writ application is disposed of. All pending

                    Interlocutory Applications, if any, will be deemed to have

                    been disposed of.



                                            (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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