Patna High Court
Dayashankar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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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