Patna High Court
Dwarika PrasadversusThe Union Of India
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed, directing the petitioner to file a fresh representation before the Commanding Officer, who must pass a reasoned order within 90 days.
Summary
The petitioner, Dwarika Prasad, a defence personnel, filed a writ petition seeking a mandamus directing the Union of India and related ministries to pay arrears of Assured Career Progression (ACP) benefits, revise his pension, provide a calculation chart, grant promotion benefits, and pay penal interest. He alleged that his representation before the Commanding Officer (respondent No.3) had been pending without decision. The court examined whether the petitioner had exhausted the required administrative remedy before approaching the judiciary. It held that the petitioner must first file a fresh representation before the Commanding Officer, who is required to issue a reasoned order within a stipulated period. Consequently, the writ petition was disposed of, directing the petitioner to pursue the administrative route.
Issues considered
- Whether the High Court can entertain a writ of mandamus for payment of ACP arrears and pension benefits without the petitioner exhausting the administrative remedy before the Commanding Officer.
Subjects
- writ petition
- mandamus
- Assured Career Progression
- pension revision
- defence services
- administrative remedy
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3369 of 2024
======================================================
Dwarika Prasad S/O- Late Gokhul Prasad Resident of Village- A/17,
Gurusahai Lal Nagar, Road No. 1, P.O.- Ashiana Nagar, P.S.- Rajiv Nagar,
District- Patna, Pin Code- 800025.
... ... Petitioner/s
Versus
1. The Union Of India through Secretary Ministry of Defence, Government of
India, New Delhi.
2. The Secretary, The Ministry of Personnel, Public Grievance and Pension
Government of India, New Delhi.
3. The Officer Commanding, HQ J127 RCC (GREF), New Delhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate
For the Respondent/s : Mr. Parul Prasad, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 20-01-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“(i) To issue an appropriate
Order/s, direction/s including a writ
preferably in the nature of mandamus
commanding and directing upon the
respondents to make the payment of arrears
of consequential monetary benefit of and
Assured Career Progression (A.C.P. for the
sake of Brevity) with effect from 01.01.2006
Patna High Court CWJC No.3369 of 2024 dt.20-01-2026
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in the revised pay scale of 15,600/-to
39,100/-) grade pay 54,00.
(ii) To direct respondent 02- to
revise the pension and other retirement
benefit arising out of grant of 2nd A.C.P.
followed by retirement of the petitioner with
effect from 31.01.2018.
(iii) To direct the respondent to
Provide Calculation chart containing the
Sum arises out of Consequential monetary
benefits.
(iv) To direct the respondents to
consider and give benefit of Promotion of
2nd A.C.P. Since 01.01.2006 and 3rd M.
A.C.P. Since- 09.12.2011 and also grant
other benefits and arrears arising out of the
said grants.
(v) To direct the respondents to
also revise pension and other retirement
benefits arising out of grant of 3 M. A.C.P.
(vi) To direct the respondent to
make the payment of penal interest with
regard to above mentioned admitted dues of
the petitioner on account of delay and
latches on the part of respondents.
(vii) To any other relief/s to which
the petitioner may be found entitled in the
facts and circumstances of the Case,”
3. Learned Counsel for the petitioner submits that his
Patna High Court CWJC No.3369 of 2024 dt.20-01-2026
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representation is pending since long before the Commanding
Officer, who is respondent No.3, but no decision has been taken
at his level.
4. In this view of the matter, this writ petition is
disposed off directing the petitioner to avail his remedy by way
of filing a fresh representation before the Commanding Officer
(respondent No.3) within 30 days raising all his grievances and
Commanding Officer, HQ J127 RCC (GREF) shall pass a
reasoned and speaking order on his representation within 90
days thereafter.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date
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