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Patna High Court

Dayashankar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petition was not inordinately delayed and ordered the petitioner to file a representation before the Superintending Engineer, who must decide the claim within 90 days.

Summary

The petitioner, a retired employee of the Public Health Engineering Department, filed a writ petition seeking the grant of two Assured Career Progression (ACP) benefits for the period from 23-05-1996 to his retirement on 31-03-2021, along with consequent pension adjustments and arrears with interest. He alleged that despite a 2023 memo demanding his service book, no action was taken to award the ACP and MACP benefits. The State argued that the petition was barred by delay. The Court examined whether the filing was inordinately delayed and whether the petitioner was entitled to the ACP benefits under the 2003 Finance Department notification. Finding no undue delay, the Court directed the petitioner to submit a representation to the Superintending Engineer, who must decide the matter within 90 days, thereby providing a procedural remedy but not yet granting the substantive relief.

Issues considered

  • Whether the petitioner is entitled to two Assured Career Progression benefits for the period 23-05-1996 to 31-03-2021 under the 2003 ACP scheme.
  • Whether the delay in filing the writ petition bars the petitioner from obtaining relief.
  • Whether the Court can direct the respondent to consider the petitioner's representation and decide on the grant of ACP benefits.

Subjects

  • Assured Career Progression
  • Pension
  • Arrears of Salary
  • Public Health Engineering Department
  • Writ Petition
  • Delay
  • Representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8712 of 2024
                 ======================================================
                 Dayashankar Ray S/o Late Khedu Ray Resident of C/o Udayshankar Prasad,
                 Basudev Bhawan, Bank Mens Colony, Chitragupta Nagar, Kankarbagh, P.S.
                 Patrakar Nagar, Patna - 800020.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
           2.    The Secretary, Public Health Engineering Department, Visheweshraiya
                 Bhawan, Bailey Road, Patna.
           3.    The Engineer-in-Chief, Public Health              Engineering     Department,
                 Visheweshraiya Bhawan, Bailey Road, Patna.
           4.    The Chief Engineer (Mechenical), Public Health Engineering Department,
                 Patna.
           5.    The Superintending Engineer, Public Health Engineering Department, P.H.
                 Circle Motihari.
           6.    The Executive Engineer, Public Health Engineering Department, P.H.
                 Division, Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Lal Babu Singh, Advocate
                 For the Respondent/s   :        Mr. Kinkar Kumar, SC-9
                                                 Ms. Sushmita Sharma, AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   20-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      (i)   For    a   direction     to    the
                                            respondents to grant the benefit of two ACP
                                            (Assured Career Progression) in favour of
                                            petitioner for the period between 23-05-
                                            1996 and the date of retirement of the
Patna High Court CWJC No.8712 of 2024(2) dt.20-02-2026
                                            2/3




                                  petitioner i.e. 31-03-2021 as per Assured
                                  Career      Progression             scheme    2003   as
                                  contained in Notification No. - 3M- 2-5-PR-
                                  28/99 4685 F(2) dated 25-06-2003 of the
                                  Finance Department.
                                               (ii) Consequently for a direction to
                                  the respondents to fix the pension of the
                                  petitioner adding the benefits of ACP
                                  (Assured Career Progression).
                                               (iii) For a further direction the
                                  respondents to make payment of arrears of
                                  salary and pension with interest after grant
                                  of   benefits      of     ACP        (Assured    Career
                                  Progression).
                                               (iv) For any other relief(s) or
                                  consequential           relief(s)     to     which   the
                                  petitioner may be found entitled to in the
                                  facts and circumstances of this case.
                      3. Learned counsel for the petitioner submits that the

          petitioner is aware that he retired in the year 2021 and he is also

          aware that, by virtue of Annexure-P/8, Memo No. 179 dated

          06.05.2023,       the    service     book        was    demanded        by   the

          Superintending Engineer from the Office of the Executive

          Engineer, however, nothing has been done with regard to the

          petitioner for grant of ACP and MACP.

                      4. Learned counsel for the State submits that the

          matter is delayed and, due to such delay, the petitioner is not
         Patna High Court CWJC No.8712 of 2024(2) dt.20-02-2026
                                                     3/3




                   entitled to any relief.

                               5. It transpires to this Court that Memo No. 179 dated

                   06.05.2023 has created a cause of action for the petitioner to

                   sue, and after receiving the letter, he pursued the matter in the

                   office and thereafter immediately filed the present writ petition.

                               6. In view of the above, this Court is of the firm view

                   that the matter is not inordinately delayed.

                               7. In the present facts and circumstances, the

                   petitioner is directed to file a representation along with a copy

                   of this order before the Superintending Engineer, Public Health

                   Engineering Department, P.H. Circle, Motihari (Respondent No.

                   5), within 30 days from the date of passing of this order and

                   Respondent No. 5 shall take a decision on the petitioner’s

                   representation in accordance with law within 90 days thereafter.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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