Patna High Court
Harinath PandeyversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not entertain the merits but directed the Secretary (Expenditure) to decide the representation, considering the Samiran Bakshi precedent and the Bihar State Litigation Policy, and to issue an order within 90 days.
Summary
The petitioner, Harinath Pandey, filed a writ petition seeking a certiorari to quash a 2022 order of the District Magistrate's Screening Committee that denied him the benefits of the 3rd M.A.C.P. He also requested retrospective grant of the benefits, arrears of salary, and revised retirement benefits. The petitioner relied on the precedent of Samiran Bakshi & Ors. v. State of Bihar (CWJC No.10192 of 2024) and argued that his representation before the Secretary (Expenditure) was pending. The State contended that the representation made no reference to the cited case. The Court, without adjudicating the merits, directed the Secretary (Expenditure) to examine the representation, consider whether the petitioner’s case is covered by the Samiran Bakshi decision and the Bihar State Litigation Policy, 2011, and to pass an order within 90 days, while the petitioner must file a supplementary representation within 30 days. The petition was therefore disposed with specific directions to the respondent authority.
Issues considered
- Whether the Screening Committee's order denying the petitioner the 3rd M.A.C.P. benefits is liable to be quashed by a writ of certiorari.
- Whether the petitioner’s case is squarely covered by the precedent set in Samiran Bakshi & Ors. v. State of Bihar.
- Whether the Secretary (Expenditure) must decide the petitioner’s representation in accordance with Clause 4.C of the Bihar State Litigation Policy, 2011.
Subjects
- writ petition
- certiorari
- screening committee
- 3rd M.A.C.P.
- retrospective benefits
- Bihar State Litigation Policy
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8667 of 2024
======================================================
Harinath Pandey son of Kapildeo Sharma, presently residing at Rajendra
Nagar, Dharahara, P.S.- Nagar Thana, Arrah, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Finance Department, Bihar, Patna.
3. The Secretary (Expenditure) , Finance Department, Bihar, Patna.
4. The District Magistrate, Bhojpur at Arrah.
5. The Senior Treasury Officer, Bhojpur, Arrah.
6. The District Land Acquisition Officer, Bhojpur.
7. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lal Mani Sharma, Advocate
For the State : Mr. Standing Counsel (4)
For the A.G., Bihar : Dr. Anand Kumar, Advocate
Ms. Vijeta Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Accountant
General, Bihar, Patna.
2. The present writ petition has been filed for the
following reliefs:-
(i) For issuance of a writ in the
nature of Certiorari for quashing of the
order contained in Memo no. 46 dated 1-2-
2022 (Anx.- P/2) passed by the Screening
Committee headed by the District
Patna High Court CWJC No.8667 of 2024(2) dt.17-02-2026
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Magistrate, Bhojpur, Arrah by which the
petitioner has been denied the benefits of the
3rd M. A. C. P.
(ii) For issuance of a writ, order
or direction directing and commanding the
respondents to give/grant the petitioner the
3rd M. A. C. P. with retrospective effect by
counting the service of the petitioner w.e.f.
11-2-1979 after quashing of the aforesaid
order contained in Memo no. 46 dated 1-2-
2022 (Anx.-P/2).
(iii) For issuance of an
appropriate writ directing and commanding
the respondents to give the petitioner all
consequential benefits including payment of
the arrear of difference of salary after
granting the petitioner the 3rd M. A. C. P.
(iv) For issuance of a writ, order
or direction directing and commanding the
respondents to revise the retirement benefits
of the petitioner and to pay the petitioner the
difference of the amount of the retirement
benefits of the petitioner after granting the
petitioner the 3rd M. A. C. P. with
retrospective effect as well as after revising
the retirement benefits of the petitioner upon
grant of 3rd M. A. C. P. to the petitioner.
(v) For any other relief/reliefs of
which the petitioner is legally entitled to.
Patna High Court CWJC No.8667 of 2024(2) dt.17-02-2026
3/4
3. Learned counsel for the petitioner submits that the
petitioner’s case is squarely covered by the case of Samiran
Bakshi & Ors. vs. The State of Bihar & Ors., decided on
11.07.2024 in CWJC No. 10192 of 2024. Counsel further
submits that the petitioner has filed his representation, which is
pending before the Secretary (Expenditure), Finance
Department, Bihar, Patna. (respondent No. 3).
4. Learned counsel for the State, on the other hand,
submits that in the said representation, there is no mention of the
case on which the petitioner is relying, namely, Samiran Bakshi
(Supra).
5. In view of the above, this Court, without entering
into the merits or demerits of the case, directs the Secretary
(Expenditure), Finance Department, Bihar, Patna (respondent
No. 3), to decide the petitioner’s representation and, if it is
found that the petitioner’s case is squarely covered by the case
of Samiran Bakshi (supra), as well as after considering Clause
4.C of the Bihar State Litigation Policy, 2011 framed by the
State Government, he shall take a decision accordingly.
6. It is made clear that the petitioner shall file his
supplementary representation along with the order passed by
this Court within 30 days from the date of passing of this order,
Patna High Court CWJC No.8667 of 2024(2) dt.17-02-2026
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and the concerned Authority shall pass an order within 90 days
from the date of receipt of the supplementary representation.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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