Patna High Court
Ram Bali BhagatversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court directed the District Magistrate and the Screening Committee to determine the petitioners' entitlement to ACP benefits and other dues within four weeks, and to pay any amount due within two months, otherwise issue a reasoned order.
Summary
The petitioners, legal heirs of the deceased Ram Bali Bhagat, filed a writ seeking direction for the grant of an annual increment, arrears of salary, and benefits under the ACP scheme. The respondents indicated that a departmental proceeding against the original petitioner had been dropped following his death and that the ACP claim was pending verification of service periods before the Screening Committee. The court noted the substitution of the petitioner by his heirs and ordered the District Magistrate and the Screening Committee to determine the petitioners' entitlement to ACP benefits within four weeks, with any payable amount to be disbursed within two months. If no amount is payable, a reasoned order must be communicated within the same four‑week period. The court directed that the matter be decided promptly and disposed of the writ application with these observations. The order thus provides procedural direction rather than a substantive grant of the reliefs sought.
Issues considered
- Whether the heirs of a deceased employee are entitled to the annual increment and arrears of salary claimed by the original petitioner.
- Whether the petitioners qualify for benefits under the ACP scheme despite incomplete service verification.
- Whether the court can direct the District Magistrate and Screening Committee to decide the entitlement within a specified time frame.
Subjects
- annual increment
- arrears of salary
- ACP scheme
- substitution of petitioner
- departmental proceeding
- screening committee
- district magistrate
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.855 of 2017
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1.1. Shikha Mayuri D/o Ram Bali Bhagat, Resident of Village - Khalilpur, P.S.
Pratappur, District- Muzaffarpur.
1.2. Utsav Raj Son of Ram Bali Bhagat, Resident of Village - Khalilpur, P.S.
Pratappur, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.
3. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
4. The District Magistrate-cum-Collector, Muzaffarpur.
5. The Deputy Development Commissioner, Muzaffarpur.
6. The District Panchayati Raj Officer, Muzaffarpur.
7. The Block Development Officer, Gaighat, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kripa Nand Jha, Advocate
For the Respondent/s : Mr. Ajay- GA5
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
9 03-02-2026 Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The original writ petitioner has filed the instant
application for the following reliefs:
“i) For issuance of direction commanding the
respondent to grant annual increment to the
petitioner and consider the case of the petitioner
under A.C.P. Scheme as well as payment of
arrears of salary on account of fixation of
increment, grant of A.C.P. and also make
payment of arrears of salary and allowance of
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the suspension period i.e. dues of the petitioner
on account of his suspension and also to make
payment of entire arrears and interest @ 12%
per annum.
ii) For any other relief or reliefs for which the
petitioner is found entitled for the meet of
justice.”
3. The sole petitioner having died during pendency
of the instant application, pursuant to order dated 5.1.2026
passed in the instant case, he was substituted by his legal heirs
who are now the petitioners herein.
4. This Court was pleased to pass the following order
on 12.1.2026 which is reproduced hereinbelow for the ready
reference.
“The petitioner filed the instant
application for a direction to the respondents to
grant annual increment and to consider the case
of the petitioner under the ACP scheme.
2. As per the counter affidavit filed on
behalf of the respondents, a departmental
proceeding had been initiated against the
petitioner.
3. An interlocutory application (I.A.
no.5460 of 2018) was filed stating therein that
the sole petitioner had died during pendency of
the instant application on 28.12.2017. Orders
were passed on 5.1.2026 directing for
Patna High Court CWJC No.855 of 2017(9) dt.03-02-2026
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substitution of the sole petitioner by his legal
heirs. As a result thereof, the original
petitioner has been substituted.
4. In view of the above, by order dated
5.1.2026, learned counsel for the respondents
was directed to take instructions as to what was
the result of the departmental proceeding
against the sole/ original petitioner.
5. Learned counsel for the
respondents on the basis of the oral instructions
received submits that in view of the death of the
original petitioner, the departmental proceeding
has been dropped.
6. Let the respondents file a fresh
counter affidavit with respect to the prayer made
by the petitioner in the instant writ application.
7. The counter affidavit be filed after
serving a copy of the same on learned counsel
for the petitioner on or before 27.1.2026.”
5. Pursuant to the direction of this Court a counter
affidavit has been filed on 30.1.2026 on behalf of the respondent
nos. 3 to 7 sworn by the Block Development Officer, Gaighat
(Muzaffarpur) wherein statement has been made in paragraph
no.7 which is quoted herein below.
“7. That the claim for ACP benefits was duly
placed before the Screening Committee meeting
held under the chairmanship of the District
Magistrate, Muzaffarpur, on 24.05.2025. In the
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case of Late Ram Bali Bhagat, service
verification was found incomplete for certain
periods, namely 14-05-2001 to 17-05-2001, 29-
01-2002, February 2003, 01.03.2005 to
17.07.2005 and 08.10.2011 to 31.05.2012.
Accordingly, the matter was deferred pending
proper verification, and hence ACP benefits
could not be extended.”
6. In view of the facts and circumstances of the case
as stated herein above, the matter with respect to the grant of
benefits under the ACP scheme to the petitioners who happen to
be the heir of Late Ram Bali Bhagat, being pending before the
Screening Committee headed by the District Magistrate,
Muzaffarpur, it is directed that the District Magistrate
(respondent no.4) and the Screening Committee shall decide the
entitlement of the petitioner with respect to the grant of ACP
and other benefits to the petitioner within a period of four weeks
from the date of receipt/production of a copy of this order and
any amount found payable shall be paid within a period of two
months from the date of passing of the order.
7. It is further directed that in case any amount is
not found payable to the petitioner, a reasoned order for the
same shall be communicated to the petitioners within the
aforesaid period of four weeks.
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8. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Bibhash
U
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