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Patna High Court

Uma Nath VindversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn.

Summary

Uma Nath Vind, a retired Block Education Officer, filed a writ petition seeking a mandamus directing the State of Bihar and its education officials to consider his claim for 1st, 2nd and 3rd A.C.P. and the associated monetary benefits, alleging that he retired on a lower pay scale after 32 years of service. He contended that the benefits due after completing 10, 20 and 30 years of service were never granted, resulting in financial loss. The petition was filed in the Patna High Court under civil writ jurisdiction. During the hearing, counsel for the petitioner requested permission to withdraw the application. The court, noting the withdrawal request, dismissed the petition as withdrawn.

Issues considered

  • Whether the petitioner is entitled to the grant of 1st, 2nd and 3rd A.C.P. and the related monetary benefits after retirement.

Subjects

  • mandamus
  • government employee benefits
  • withdrawn petition
  • service tenure
  • retirement pay scale

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4354 of 2026
                 ======================================================
                 Uma Nath Vind Son of Late Bhagirath Vind, Resident of ORA Bagicha, P.S.
                 Dharhara, District- Munger.

                                                                         ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Additional Chief Secretary Department of
                 Education, Govt. of Bihar, Patna.
           2.    The Director Primary Education Department Govt. of Bihar, Patna.
           3.    The Regional Deputy Director of Education Munger Division Munger, PS
                 and District- Munger.
           4.    The District Magistrate, Lakhisarai, District- Lakhisarai.
           5.    The District Education Officer Lakhisarai, PS and District- Lakhisarai.
           6.    The District Programme Officer (Estt), Lakhisarai, PS and District-
                 Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ram Vinay Pd. Singh, Advocate
                 For the Respondent/s   :      Dr. Md. Raisul Haque, S.C.-10
                                               Mr. Binay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-03-2026                   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):

                                            “That the petitioner has filed the instant
                               writ petition for issuance of a writ in the nature of
                               mandamus commanding and directing upon the
                               respondent concerned specially Respondent No.2
                               consider the claim of the petitioner for grant of 1 st, 2nd
                               and 3rd A.C.P and provide the monetary benefits
                               accrued out of that as petitioner was initially
                               appointed on 08.06.1981 on the post of Supervisor
            Patna High Court CWJC No.4354 of 2026(2) dt.26-03-2026
                                                        2/2




                                   under Education Department and after serving about
                                   32 years of service ultimately retired on 31.05.2013
                                   from the post of Block Education Officer Pipariya
                                   under the District of Lakhisarai but his claim for grant
                                   of M.A.C.P after completion of 10, 20, 30 years of
                                   service has never been granted as a result petitioner
                                   retired on the lesser pay scale causing much monetary
                                   loss as well as entire retirement benefit of the
                                   petitioner has been fixed.
                                                Any other order/orders for granting any
                                   other relief/reliefs for which petitioner is bound
                                   entitled to in the facts and circumstances of the case.”
                                  3. After some argument, learned counsel for the

                      petitioner seeks permission to withdraw this application.

                                  4. This application is dismissed as withdrawn.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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