Patna High Court
Balwant Kumar SamaiyarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court declined to issue a mandamus and instead directed the petitioner to file a fresh representation and the Department to decide it within a stipulated time.
Summary
The petitioner, Balwant Kumar Samaiyar, filed a writ petition seeking a mandamus directing the State of Bihar and the Secretary of the Scheduled Caste/Scheduled Tribe Welfare Department to grant him the benefits of the 1st and 2nd MACP after completing 10 and 20 years of service, along with all consequential monetary benefits. He alleged that despite having submitted a representation to the Department, no response or benefit was provided. The Court observed that the petitioner must file a fresh representation before the Department within four weeks. The Department was ordered to decide the representation within two months and, if the benefits are payable, to disburse them within two months of the order. In case of refusal, a reasoned order must be communicated. The writ application was disposed with these directions, without granting the writ of mandamus.
Issues considered
- What is the appropriate remedy when an administrative authority fails to act on a representation seeking statutory service benefits?
- Whether a writ of mandamus can be issued directing the grant of 1st and 2nd MACP benefits without a fresh representation by the petitioner.
Subjects
- mandamus
- writ jurisdiction
- Scheduled Caste
- Scheduled Tribe
- service benefits
- MACP
- administrative law
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3383 of 2026
======================================================
Balwant Kumar Samaiyar Son of Late Kaushalendra Prasad Samaiyar
Resident of Flat No.- 304G, Third Floor Raj Kishori Apartment, G.D. Mishra
Path in front of Hitech Apartment, P.S.- Patliputra Colony, New Patliputra
Colony, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary, Scheduled Caste/Scheduled Tribe Welfare, Welfare
Department having his office at Old Secretariate, P.S.- Sachivalaya, District-
Patna.
3. The District Welfare Officer, Nalanda having his office at Collectorate
Compound, Biharsharif, P.S.- Biharsharif, District- Nalanda.
4. The Accountant General (A & E) Bihar Patna, having his office at Birchand
Patel Path, P.S.- Kotwali, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Mohan, Advocate
For the State : Mr. Kameshwar Kumar, G.P.-17
For the Accountant General: Mr. Ram Yash Singh, Advocate
Mr. Sunil Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“1. That this application is being filed for
considering the case of the petitioner for grant of benefit
of 1st and 2nd M.A.C.P. on completion of 10 years and 20
years of service w.e.f. 01.01.2009 and 22.04.2012
respectively with all consequential monetary benefits
arising out of grant of benefits of M.A.C.P.
2. That the petitioner prays for the following
Patna High Court CWJC No.3383 of 2026(2) dt.13-03-2026
2/3
relief.
(a) That writ in the nature of mandamus may be issued
directing the respondents to consider the case of the
petitioner for grant of benefits of 1 st and 2nd M.A.C.P. on
completion of 10 years and 20 years of his service.
(b) That the respondents may further be directed to pay
all consequential monetary benefits to the petitioner
consequent upon grant of benefits of M.A.C.P.
(c) That any other relief or reliefs for which the petitioner
is entitled may be granted by this Hon'ble Court.”
3. Learned counsel for the petitioner submits that
inspite of the petitioner having filed his representation before
the Secretary, Scheduled Caste/Scheduled Tribe welfare,
Welfare Department (respondent no.2) for the redressal of his
grievances as prayed for in the instant writ application, neither
any response has been received by the petitioner from the
respondent concerned nor has he been granted the benefits of 1 st
and 2nd MACP on completion of 10 years and 20 years of
service.
4. In view of the facts and circumstances of the case,
the petitioner is directed to file a fresh representation before the
respondent no.2 within a period of four weeks with respect to
his pending grievances.
5. On such a representation being filed, the respondent
no.2 shall decide the same in accordance with law within a
period of two months from the date of its filing and pass an
Patna High Court CWJC No.3383 of 2026(2) dt.13-03-2026
3/3
order thereupon.
6. The consequential benefits found payable to the
petitioner shall be paid within a period of two months from the
date of passing of the order.
7. 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.
8. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Saurabh/-
U
Checking your session…