Patna High Court
Ramakant GiriversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is dismissed as withdrawn, with liberty to the petitioner to challenge the District Magistrate’s order dated 29‑05‑2023.
Summary
The petitioner, Ramakant Giri, a Panchayat Secretary, filed a writ application seeking a direction to the District Magistrate to grant him the benefits of the 1st ACP pay scale and the 2nd MACP after 20 years of service, along with payment of arrears, relying on Government notifications dated 18‑05‑2009 and 21‑05‑2013. He also requested permission to withdraw the application while retaining the liberty to challenge an order dated 29‑05‑2023 passed by the District Magistrate. The Court examined the prayer and noted that the petitioner had voluntarily sought to withdraw the writ. Accordingly, the Court dismissed the application as withdrawn, granting the petitioner liberty to contest the earlier order of the District Magistrate. No substantive adjudication on the entitlement to ACP benefits or arrears was made.
Issues considered
- The petitioner is entitled to the 1st ACP and 2nd MACP benefits and arrears as per the cited Government notifications.
- The Court may allow the petitioner to withdraw the writ application while preserving his right to challenge the District Magistrate’s order dated 29‑05‑2023.
Subjects
- writ jurisdiction
- civil service pay scale
- ACP benefits
- withdrawal of application
- government notifications
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6283 of 2017
======================================================
Ramakant Giri Son of Late Bhagwat Giri, Resident of Village P.O.Budhara,
Police Station and Block-Athmalgola, District-Patna at Present Posted and
Working as Panchayat Secretary at Ghosbali Block, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Patna.
3. The District Panchayat Officer, Patna
4. The District Accounts Officer, Patna.
5. The Block Development Officer, Patna Sadar, District-Patna.
6. The Block Development Officer, Ghoswari, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Roy
For the Respondent/s : Mr.Ajay-Ga5
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 12-02-2026 1. The petitioner has filed the instant application for
the following reliefs:
“1. That this is an application for issuance of an
appropriate writ order or direction to the
respondents specially the District Magistrate,
Sheikhpura for granting the benefit of 1st ACP in
the unrevised pay scale of Rs.5000-8000 (revised
9300-34800/-) grade pay of Rs.4200 since 1999
and the benefit of 2nd MACP after completion of
20 years of service w.e.f. 1.1.2009 in grade pay
of Rs.4600/- taking into consideration of the
Govt. notification issued vide memo no.2015
dated 18.5.2009 and Govt. circular issued vide
memo no.5152 dated 21.5.2013 and further be
Patna High Court CWJC No.6283 of 2017(4) dt.12-02-2026
2/2
pleased to giving the direction the arrears of the
salary be paid due to grant of such A.C.P.
alongwith the current salary of the petitioner the
same is not been paid due to non sending of the
LPC by the respondent no.5 to respondent no.6.
A photo copy of Govt. circular
vide memo no.2015 dated
18.5.2009 and Govt. circular
issued vide memo no.5152 dated
21.5.2013 are annexed herewith
and marked as Annexure-1 and
1/I respectively to this writ
application.”
2. Learned counsel for the petitioner seeks permission
to withdraw this application with liberty to challenge the order
dated 29.5.2023 passed by the District Magistrate, Patna. It is
submitted that the said order has been brought on record in the
supplementary counter affidavit filed on 10.2.2026.
3. In view of the above, the application is dismissed as
withdrawn with the aforesaid liberty.
(Partha Sarthy, J)
Bibhash
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