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Patna High Court

Ram Bali BhagatversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                ======================================================
           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
Patna High Court CWJC No.855 of 2017(9) dt.03-02-2026
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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.
          Patna High Court CWJC No.855 of 2017(9) dt.03-02-2026
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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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