Patna High Court
Ram Babu Ravi @ Ram Babu Ram,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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
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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
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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
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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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