Patna High Court
Vijay Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The Court dismissed the petitioner's fresh application, holding it was not maintainable as the earlier order directing grant of ACP benefits to the deceased father remained operative.
Summary
Vijay Kumar Mishra filed a writ petition seeking that the Rural Works Department grant Assured Career Progression (ACP) benefits to his late father, alleging that the department had recorded an incorrect date of joining and consequently granted only two years of benefits. The petitioner relied on earlier writ orders (CWJC No.12832 of 2013, withdrawn, and CWJC No.948 of 2021) in which the court had directed the department to grant the full ACP benefits and pay consequential amounts to the legal heirs. The State of Bihar challenged the 2021 order by filing a Limited Preference Application, but the court dismissed that challenge, finding no infirmity in the single‑judge’s order. The petitioner’s present application was filed after the earlier order had become final and after the State’s appeal was dismissed. The court held that the respondents were bound to comply with the earlier order and that the fresh petition was not maintainable. Consequently, the application was dismissed.
Issues considered
- Whether a fresh writ petition for grant of ACP benefits is maintainable after an earlier writ order directing such benefits has become final.
- Whether the respondents are obligated to comply with the earlier order or the petitioner must resort to a contempt proceeding.
Subjects
- Assured Career Progression
- Writ petition
- Maintainability
- Contempt
- Civil Procedure
- Legal heirs
- Government department liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5566 of 2026
======================================================
Vijay Kumar Mishra S/o- Late Indra Narayan Mishra, R/o- Ward No.-08,
Dharampur, District- Samastipur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The Chief Engineer-6, Rural Works Department, Government of Bihar,
Darbhanga.
3. The Superintendent Engineer, Rural Works Department, Works Circle,
Samastipur.
4. The Executive Engineer, Rural Works Department, Works Division, Patori,
Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Md. Harun Quareshi, A.C. to S.C.-1
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 21-04-2026 No one appears for the petitioner. Learned counsel
for the State of Bihar is present.
2. The petitioner has filed the instant application for
the following relief(s):
“(i) For directing the Respondents
concerned authorities for grant of benefit of 3 rd A.C.P
to the late father of the Petitioner and after grant
thereof pay all the consequential benefits to the
petitioner, as the late father of the petitioner was in
service since 1.03.1970 but the respondent No.2
allowed only 2 ACP benefits by entering wrong
joining date as 26.06.1981.
(ii) To pass such other order /orders,
Patna High Court CWJC No.5566 of 2026(2) dt.21-04-2026
2/3
direction/directions as Your Lord Ships may deem fit
and proper in the facts and circumstances of this
case.”
3. On perusal of the materials on record, it transpires
that the mother of the petitioner had moved this Court for
similar reliefs for grant of benefits of A.C.P. vide CWJC
no.12832 of 2013 which was permitted to be withdrawn by
order dated 14.12.2016. Subsequently, the petitioner moved this
Court once again for the same relief vide CWJC no.948 of 2021
which was allowed by this Court by order dated 24.3.2021
(Annexure-1) in the following terms:
“5. Having regard to the law laid down by
the learned Division Bench of this Court in the case of
Jivachi Devi (supra), this Court finds that the benefits
of ACP (Assured Career Progression), to the deceased
father of the petitioner, could not have been denied on
account of non-passing of the Departmental Accounts
Examination, hence, the respondents are directed to
grant the benefits of ACP to the deceased father of the
petitioner from the date, the same became due and,
accordingly, make payment of the consequential
monetary benefits to the legal heirs of the deceased
father of the petitioner within a period of eight weeks
from today.”
4. The State of Bihar preferred LPA no.541 of 2021
against the order allowing CWJC no.948 of 2021. By order
dated 23.4.2024, this Court in LPA no.541 of 2021 found no
Patna High Court CWJC No.5566 of 2026(2) dt.21-04-2026
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infirmity in the order of the learned Single Judge and
accordingly LPA no.541 of 2021 was dismissed.
5. The earlier writ application (CWJC no.948 of 2021)
having been allowed by this Court in the terms as quoted herein
above and the appeal preferred by the State of Bihar having
been dismissed, in the opinion of the Court, the respondents had
to comply with the order passed in the writ application or the
petitioner had to file a contempt application against the same.
The instant application would not be maintainable.
6. The application is dismissed.
(Partha Sarthy, J)
Saurabh/-
U
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