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Patna High Court

Ram Babu Ravi @ Ram Babu Ram,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first produce a court‑issued succession certificate before the respondents can calculate and pay the ACP benefits.

Summary

The petitioner, Ram Babu Ravi, filed a writ petition seeking payment of two Assured Career Progression (ACP) monetary benefits that had been granted to his late father, a former malaria health officer, by an order dated 7 June 2004. The father, who retired in 2001, never received the benefits and died in 2021. The respondents (State of Bihar and State of Jharkhand) required the petitioner to produce a succession certificate to establish his entitlement as one of the four children of the deceased. The Court examined the family list (parivarik suchi) and held that the demand for a court‑issued succession certificate was reasonable and necessary before any payment could be made. Accordingly, the Court directed the petitioner to furnish the succession certificate, after which the respondents must calculate and disburse the ACP benefits, and later consider any pension arrears. The writ application was disposed of pending compliance with this direction.

Issues considered

  • Whether the petitioner must produce a succession certificate to claim the ACP monetary benefits of his deceased father.
  • Whether the respondents are obligated to pay the ACP benefits and subsequent pension arrears without such a certificate.

Subjects

  • Assured Career Progression
  • ACP
  • succession certificate
  • pension arrears
  • government employee benefits
  • civil writ jurisdiction
  • Bihar
  • Jharkhand

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.47 of 2022
     ======================================================
     Ram Babu Ravi @ Ram Babu Ram, S/o Late Shambhunath Resident of
     Village and P.O.-Bhadwar, P.S.-Chandi, District -Bhojpur at Ara (Bihar).
                                                                  ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through the Chief Secretary, Govt. of BIhar, Patna
2.   The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3.   The Chief Malaria Officer, Bihar, Patna.
4.   The State of Jharkhand, through the Chief Secretary, Govt. of Jharkhand,
     Ranchi.
5.   The Secretary, Finance Department, Govt. of Jharkhand Ranchi
6.   The Secretary, Health Department, Govt. of Jharkhand Ranchi
7.   The State Malaria Officer, Jharkhand Ranchi
8.   The Designated District Malaria Officer, Bokaro, Jharkhand, Ranchi.
9.   The Civil Surgeon-Cum-Chief Medical Officer, Bokaro, Jharkhand, Ranchi.
10. The Medical Officer-In-Charge, Primary Health Centre, Chas, Bokaro,
    Jharkhand.
11. The Accountant General, Govt. of Jharkhand, Ranchi.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Ram Chandra Pd. Bharti, Advocate
                                     Mr. Pawan Kumar Singh, Advocate
     For the State            :      Mr. Kamlesh Kishore, AC to SC-12
     For the State of Jharkand:      Mr. Sanjay Kumar Pandey, Advocate
     For the A.G (Jharkhand) :       Mr. Arun Kumar Arun, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                      ORAL JUDGMENT
      Date : 09-04-2026

                     Heard learned counsel for the parties.

                     2. The petitioner has filed the instant application for

        the following relief (s) :-

                                   “1. i) For payment of two Assured
                        Career Progression (ACP) monetary benefits both
                        in view of office order dated 09.08.1999 issued
                        under the signature of Respondent no. 7i.e State
                        Malaria Officer, Jharkhand, Ranchi vide its memo
Patna High Court CWJC No.47 of 2022 dt.09-04-2026
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                          no.     321         dated   07.06.2004     which    was
                          communicated to the father of petitioner vide
                          memo 828 dated 03.06.2008.
                                        ii) For grant of assured Career
                          Progression (ACP) monetary benefits from the
                          date of entitlement in favourof father of the
                          petitioner.
                                        iii) For grant of arrear pension after
                          payment of ACP monetary benefits on the basis of
                          revised pay scale of the father of the petitioner
                          which were ought to be paid to him along with
                          interest in accordance with law.
                                        iv)     For    any   other     alternative
                          relief/reliefs under the circumstances of the case.”


                       3. The case of the petitioner in brief is that the

          petitioner’s father Late Shambhunath, who joined service at

          Malaria Health Centre, Ara in the year 1965 served in various

          Districts of the State of Bihar and finally retired on 28.2.2001

          when he was posted at Primary Health Centre, Chas, Bokara,

          Ranchi, then under the State of Bihar.

                       4. By memo no. 321 dated 7.6.2004 issued by the

          State Malaria Officer, Jharkhand, Ranchi, the father of the

          petitioner came to be granted both the 1st and 2nd ACP with

          effect from 9.8.1999, the financial benefits of which was to be

          paid with effect from 15.11.2000.

                       5. The father of the petitioner did not receive the
Patna High Court CWJC No.47 of 2022 dt.09-04-2026
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          financial benefits and ultimately died on 1.9.2021. His mother

          had predeceased his father on 23.10.2013.

                       6. By filing the instant writ application, the

          petitioner has prayed for a direction to the respondents to give

          the monetary benefits of the two ACPs, both having been

          granted to the father of the petitioner by order dated 7.6.2004.

                       7. Learned counsel for the petitioner submits that as

          required by the respondents, the petitioner submitted all the

          required documents including the parivarik suchi issued by

          the Circle Officer, Koilwar, however the financial benefits

          under the two ACPs have still not been given to the petitioner.

                       8. The application is opposed by learned counsel

          appearing for the respondent- State of Jharkhand. Referring to

          the counter affidavit filed, it is submitted by learned counsel

          that on perusal of the parivarik suchi brought on record by the

          petitioner, it would be evident that the deceased father of the

          petitioner left behind two sons and two daughters, details of

          whom have been given in the parivarik suchi. As such the

          petitioner would be required to submit the succession

          certificate for payment of dues amount.

                       9. Having heard learned counsel for the parties and

          having perused the contents of the petition, even as per the
            Patna High Court CWJC No.47 of 2022 dt.09-04-2026
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                      case of the petitioner, as per the parivarik suchi produced by

                      him, there being four children of the deceased employee, the

                      Court finds the requirement of the respondents for the

                      petitioner to provide the succession certificate to be

                      reasonable.

                                    10. In view of the facts and circumstances of the

                      case, let the petitioner produce before the respondents, the

                      succession certificate issued by a Court of law, on production

                      of which along with a representation, the respondents shall

                      calculate and pay the benefits of the two ACPs payable to the

                      father of the petitioner without any delay.

                                    11. On payment of the ACPs, the petitioner will be

                      at liberty to file a representation before the respondent

                      authorities for payment of the arrears of pension on account of

                      its revision which shall be decided by the respondents and the

                      amount found payable be paid without any delay.

                                    12. The writ application stands disposed of.




                                                 (Partha Sarthy, J)
Shiv/-
AFR/NAFR               NAFR
CAV DATE               N/A
Uploading Date         09.04.2026
Transmission Date


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