Patna High Court
Ashok KumarversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The petition is disposed of by directing the petitioner to file a fresh representation before the Engineer‑in‑Chief, whose decision within two months will determine entitlement to the MACP.
Summary
Ashok Kumar, a retired lower‑division clerk of the Bihar Rural Work Department, filed a writ petition seeking the grant of his third MACP, payment of arrears and fixation of his pension. He claimed that despite filing several representations, including one on 2‑Feb‑2026, the authorities had not granted the MACP. The High Court, after hearing counsel, dismissed the writ application and directed the petitioner to file a fresh representation before the Engineer‑in‑Chief of the Rural Works Department, to be decided within two months. The Court further ordered that if the petitioner is found entitled to the MACP, the consequent benefits must be paid within three months of the order. The petition was thus disposed of without granting the relief sought.
Issues considered
- Whether the petitioner is entitled to the grant of the third MACP and the associated arrears and pension benefits.
- Whether a writ of certiorari or any other writ is the appropriate remedy to compel the grant of the MACP.
Subjects
- MACP
- pension
- government service
- writ jurisdiction
- administrative law
- representation
- rural work department
- retirement benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5864 of 2026
======================================================
Ashok Kumar Son of Ram Kishun Prasad Yadav @ Ram Kishun Yadav,
Resident of Village and Post - Farda (Prem Tola) P.S. - Naya Ram Nagar,
District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Work Department
Government of Bihar, Patna.
2. The Principal Secretary Rural Work Department, Government of Bihar,
Patna.
3. The Additional Secretary Rural Work Department, Government of Bihar,
Patna.
4. The Engineer in Chief Rural Work Department Government of Bihar, Patna.
5. The Supridendent Engineer Rural Work Department work Division Munger.
6. The Executive Engineer Rural Work Division Munger, District- Munger.
7. The Assistant Engineer, Rural Work Division, Munger, District- Munger.
8. The District Magistrate cum Chairman District Gramin Vikash Abhikaran
Munger, District- Munger.
9. The Accountant General, Maha Lekhakar Bhawan, Beerchand patel Patha,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Singh, Advocate
For the Respondent/s : Mr. Madhusudan Rai, AC to SC 23
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief.
“1. That this is an application praying for
issuance of writ/ writs ceretiorary or
appropriate in nature to for directing and
commanding the respondents for grant III
Patna High Court CWJC No.5864 of 2026(2) dt.20-04-2026
2/3
M.A.C.P. of the petitioner who was the posted on
the post of lower Division clerk in Rural Work
Department Governemnt Bihar, Patna and he
retired from service from the post lower division
clerk from office of rural work Division
Dhamdaha (Purnia) as well as praying for
direction to the respondent to make payment of
entire arrears with effect from to date of grant of
III M.A.C.P. and also dirct to fixation of his
pension on the basis of grant III M.A.C.P.”
3. It is submitted by learned counsel for the
petitioner that inspite of having become entitled for and having
filed several representations before the respondent authorities
including one dated 2.2.2026 (Annexure-P/1), the petitioner has
not been granted the 3rd MACP and has been compelled to file
the instant writ application.
4. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to file a fresh
representation along with a copy of this order before the
Engineer-in-Chief, Rural Works Department, Government of
Bihar, Patna (respondent no. 4) which shall be decided by the
respondent no.4 in accordance with law within a period of two
months from the date of its filing and the order passed thereon
shall be communicated to the petitioner forthwith.
Patna High Court CWJC No.5864 of 2026(2) dt.20-04-2026
3/3
5. In case the petitioner is found entitled for the relief
prayed for in the instant petition with respect to grant of 3 rd
MACP the consequential benefits thereof shall be paid to the
petitioner within a period of three months from the date of
passing of the order.
6. The writ application stands disposed of.
(Partha Sarthy, J)
Bibhash
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