Patna High Court
Dinesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner must first make a fresh representation to the Director of the Panchayati Raj Department, after which the Department must decide the claim within the prescribed time, and therefore the writ petition was disposed.
Summary
The petitioner, a retired employee, filed a writ petition seeking a mandamus directing the Bihar Panchayati Raj Department to grant him the benefits and arrears of the 1st, 2nd and 3rd ACP/MACP schemes with interest. He claimed that despite representations to the District Magistrate and District Panchayati Raj Officer, no response was received. The Court examined the petition and noted the lack of prior administrative redress before approaching the High Court. It directed the petitioner to file a fresh representation before the Director of the Panchayati Raj Department within four weeks. The Court further ordered that the Department decide the representation within two months and, if favorable, pay the benefits and arrears within two months of the order, or otherwise provide a reasoned denial. The writ application was therefore disposed without granting mandamus at this stage.
Issues considered
- What entitlement, if any, does the petitioner have to the 1st, 2nd and 3rd ACP/MACP benefits and arrears?
- Whether a writ of mandamus is appropriate where the petitioner has not exhausted administrative remedies?
Subjects
- writ of mandamus
- ACP/MACP benefits
- pension scheme
- administrative law
- representation
- Bihar Panchayati Raj Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4159 of 2026
======================================================
Dinesh Paswan son of Late Baiju Paswan, resident of village Turukwan,
Dhamul, P.O and P.S- Dhamul, District-Nawada, State- Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna,
having its office at The Main Secretariat Building, Patna.
2. The Secretary, Panchayati Raj Department, Government of Bihar, Patna,
having its office at Vikash Bhawan, New Secretariat, Bailey Road, Patna.
3. The Director, Panchayati Raj Department, Government of Bihar, Patna,
having its office at Vikash Bhawan, New Secretariat, Bailey Road, Patna.
4. The Deputy Director, Panchayati Raj Department, Government of Bihar,
Patna, having its office at Vikash Bhawan, New Secretariat, Bailey Road,
Patna.
5. The District Panchayati Raj Officer, District- Nawada, Panchayati Raj
Department, Government of Bihar, having its office at First floor
Collectorate Campus, Nawada, Bihar, Pin-805110.
6. The Accountant General (A and E), Bihar, Patna having its office at Office
of the Accountant General, Veerchand Patel Marg, R-Block, Patna, PO and
P.S Sachivalaya, District Patna, State Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shivani Upadhyaya, Advocate
For the Respondent/s : Mr. Ram Kinker Choubey, Advocate
GP-20
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 24-03-2026 1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs.
“i. For issuance of a writ of Mandamus
commanding upon the respondents to give the
benefits of Ist, IInd and IIIrd ACP/MACP to the
petitioner accrued which has not been given to
Patna High Court CWJC No.4159 of 2026(2) dt.24-03-2026
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the petitioner till date and has already
retired from the service.
AND
ii. For issuance of a writ of Mandamus
commanding upon the respondents to pay all the
arrears of ACP/MACP to the petitioner with
interest @ 12% Per Annum.
AND
iii. Be further pleased to pass such other order
or orders/ direction or directions, as the Hon'ble
Court may deem fit and proper on the facts and
in the circumstances of this case.”
3. Having perused the contents of the petition, it
transpires that inspite of the petitioner having filed
representations before the District Magistrate, Nawada and also
the District Panchayat Raj Officer, Nawada for the reliefs
prayed for herein, not having received any response thereto, the
petitioner has moved this Court by filing this writ application
for the reliefs as quoted hereinabove.
4. Having heard learned counsel for the parties, this
writ application is disposed of directing the petitioner to file a
fresh representation before the Director, Panchayati Raj
Department, Government of Bihar, Patna (respondent no. 3)
within a period of four weeks.
5. On filing of the representation, the respondent no.3
Patna High Court CWJC No.4159 of 2026(2) dt.24-03-2026
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shall decide the same in accordance with law within a period of
two months and shall pay the consequential benefits to the
petitioner as per the said order within a period of two months
from the date of passing of the order.
6. In case the representation of the petitioner does not
find favour with the respondent concerned, a reasoned order for
the same shall be communicated to the petitioner forthwith.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Bibhash
U
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