Patna High Court
Chandramauli PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner must first file a representation before the District Magistrate, who shall decide the claim within the prescribed time, and the Court will not directly grant the A.C.P. benefits.
Summary
The petitioner, a retired Block Agriculture Officer, filed a writ petition seeking sanction of the 1st and 2nd Assured Career Progression (A.C.P.) pay scales and related arrears under the Bihar State Employees Service Conditions (Assured Career Progression Scheme) Rules, 2003, claiming eligibility since 2002 and 2014. He submitted that all requisite service documents and recommendations had been forwarded to the District Magistrate, Jamui, yet the benefits were not granted. The Court, after hearing both sides, directed the petitioner to file a formal representation before the District Magistrate within four weeks. The District Magistrate was ordered to decide the representation within three months and, if the petitioner is found entitled, to pay the financial benefits within two months. If the representation is rejected, a reasoned order must be communicated. The writ application was consequently disposed with these directions.
Issues considered
- Whether the petitioner is entitled to sanction of the 1st and 2nd A.C.P. pay scales under the Bihar State Employees Service Conditions (Assured Career Progression Scheme) Rules, 2003.
- Whether the petitioner is entitled to arrears of pay arising from the alleged promotion.
- Whether the Court should directly grant the relief or require the petitioner to pursue administrative remedy through a representation before the District Magistrate.
Subjects
- Assured Career Progression
- A.C.P. pay scale
- Bihar State Employees Service Conditions Rules 2003
- government employee benefits
- writ petition
- administrative remedy
- retirement benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4544 of 2026
======================================================
Chandramauli Prasad S/o Devaki Prasad Singh, Resident of Ward No. 22,
Indupur, Barahiya, District- Lakhisarai, Bihar, retired Block Agriculture
Officer, Barauni, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Agriculture Department, Govt. of
Bihar, Patna.
2. The Secretary, Agriculture Department, Government of Bihar, Patna.
3. The Director, Agriculture Department, Govt. of Bihar, Patna.
4. The District Magistrate, Jamui.
5. The District Magistrate, Begusarai.
6. The Block Agriculture Officer, Barauni, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Madhusudan Rai, A.C. to S.C.23
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 31-03-2026 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):
“(i) To Command the respondents to
sanction 1st and 2nd A.C.P pay scale as per Bihar state
Employee condition of service conditions (Assured
Career progression scheme) Rule 2003.
(ii) To pay arrear arising due to promotion
as well as sanction of A.C.P pay scale.
(iii) To grant other relief/reliefs as your lord
ship deem fit and proper.”
3. It is submitted by learned counsel for the petitioner
Patna High Court CWJC No.4544 of 2026(2) dt.31-03-2026
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that the petitioner, who was appointed on the post of Agriculture
Advisor on 25.8.1990 and posted at Jamui worked to the
satisfaction of all concerned and retired from service in the year
2019. He has not been given the benefits under the 1 st and 2nd
A.C.P. (Assured Career Progression) under the Bihar State
Employees Service Conditions (Assured Career Progression
Scheme) Rules, 2003, though the same became due and payable
to the petitioner in the year 2002 and 2014 respectively. Learned
counsel further submits in reference to the letter no.344 dated
8.4.2022 (Annexure P/5) of the Block Development Officer,
Barauni written to the District Magistrate, Jamui that the
complete documents with respect to the petitioner including the
certified copy of his service book as also the service history in
the prescribed form along with the recommendation for grant of
A.C.P. has already been sent. Not having been granted the
benefits of A.C.P. inspite of the petitioner’s eligibility as also the
recommendation of the concerned authorities, the petitioner has
moved this Court for the reliefs prayed for as stated above.
4. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the petitioner is directed to file a representation before the
District Magistrate, Jamui for grant of the reliefs prayed for in
Patna High Court CWJC No.4544 of 2026(2) dt.31-03-2026
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the instant application and as quoted herein above within a
period of four weeks.
5. On the representation being filed by the petitioner,
the District Magistrate, Jamui (respondent no.4) shall consider
and decide the same in accordance with law within a period of
three months from the date of its filing.
6. The financial benefits to which the petitioner is
found entitled shall be paid to the petitioner within a period of
two months from the date of passing of the order on the
petitioner’s representation.
7. In case the representation of the petitioner does not
find favour with the respondent concerned, a reasoned order for
the same shall be passed and 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
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