Patna High Court

Ajay Kumar Singh AzadversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court declined to decide the merits and directed the petitioners to make a fresh representation before the Director, ICDS, with the order attached.

Summary

The petitioners, two former clerks appointed to a sanctioned vacancy in the Integrated Child Development Services (ICDS) of Bihar, filed a writ petition seeking the grant of Additional Child Development Programme (ACP) and Modified ACP (MACP). Petitioner No.1 is currently in service, while Petitioner No.2 retired on 31‑03‑2023. They alleged that their representations to the Director, ICDS, regarding the grant of these benefits had not been acted upon. The State contended that the petition is not maintainable because the petitioners are not government employees. The Patna High Court, without adjudicating the substantive right to ACP/MACP, directed the petitioners to file a fresh representation before the Director, attaching a copy of the order, and instructed the Director to issue a reasoned order within 90 days. Consequently, the writ petition was disposed of without any substantive relief.

Issues considered

Whether the writ petition seeking grant of ACP/MACP is maintainable when the petitioners are not in government service
Whether the court should decide the substantive right to ACP/MACP or direct fresh representation

Subjects

writ petition
ACP
MACP
ICDS
government service
representation
maintainability
Patna High Court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4781 of 2026
     ======================================================
1.    Ajay Kumar Singh Azad S/o Indradev Prasad Singh, Resident of Gangajala,
      Near Trishul Chowk, Ward No.-17, P.S. and District- Saharsa.
2.   Abhay Kumar Verma S/o Tarni Prasad Verma, Resident of Ward No.-17,
     Sukhasan, (Chakla), P.S. and District- Madhepura.
                                                                  ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through its Director, ICDS, Bihar, Patna.
2.   The District Magistrate, Saharsa.
3.   The District Program Officer, I.C.D.S., Saharsa.
4.    The Child Development Project Officer, Kahra Sadar/Rural, Saharsa.
                                                            ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Amit Anand, Advocate
     For the State          :       Mr.Uday Prasad, AC to GP-22
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 31-03-2026
               Heard learned counsel for the petitioners and learned

      counsel for the State.

                   2. Learned counsel for the petitioners submits that the

      petitioners have filed the present writ petition for grant of ACP

      and MACP to the petitioner.

                   3. Learned counsel for the petitioners further submits

      that the petitioners were appointed by the competent authority

      against the sanctioned vacant post of Clerk. Petitioner no.1 is in

      service whereas petitioner no.2 retired from service on

      31.03.2023. Petitioner no.1 has filed several representations

      before the authority concerned including the present one dated

      01.08.2025 before the respondent No.1, namely, the Director,
             Patna High Court CWJC No.4781 of 2026 dt.31-03-2026
                                                        2/2




                      ICDS, Bihar, Patna, as contained in Annexure P/4 to the writ

                      petition on which no decision has been taken as yet.

                                  4. Learned counsel for the State submits that the

                      petitioner is not working under the Government and, therefore,

                      the present writ petition is not maintainable.

                                  5. In the aforesaid background, this Court, without

                      entering into the merits or demerits of the case and without

                      expressing any opinion with regard to the entitlement of the

                      petitioners to grant of ACP/MACP, directs the petitioners to file

                      a fresh representation before Respondent No. 1, namely, the

                      Director, ICDS, Bihar, Patna, along with a copy of this order,

                      within a period of 30 days from today. Upon receipt of such

                      representation, Respondent No. 1, namely, the Director, ICDS,

                      Bihar, Patna, is directed to consider and dispose of the same by

                      passing a reasoned and speaking order within a period of 90

                      days from the date of its filing.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.


                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          01/04/2026
Transmission Date       NA

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