Created by Fuzzy Cloud

Patna High Court

Dwarika PrasadversusThe Union Of India

Decided
Disposal
DISPOSED

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
                                           2/3




                                 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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.