Patna High Court
Shashi Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANJAN KUMAR JHA
Holding
The Court directed the DGP of Bihar to decide the petitioners' representation on the MACP benefit within three months and pass a reasoned order.
Summary
A group of 29 police personnel of the Bihar Special Armed Police filed a writ petition seeking direction that they be granted the first and second Minimum Acceptable Cost of Pay (MACP) with grade pays of Rs.2800 and Rs.4200 respectively, instead of the lower grades currently fixed, on the basis of completing 10 and 20 years of satisfactory service. They relied on a prior judgment of this Court dated 26‑04‑2024 in LPA No.‑458/2021 (Srikant Dubey & Ors. v. State of Bihar) which had granted similar benefits to persons appointed under the same advertisement and educational qualifications. The petitioners argued that denial of the benefit would amount to discrimination among similarly situated persons. The Court noted that a representation had already been filed before the Director General of Police, Bihar, who is the authority to decide the matter, and directed the DGP to decide the representation within three months and issue a reasoned order. The writ petition was disposed of with the said direction, without an outright order granting the MACP benefits.
Issues considered
- The petitioners are entitled to the first and second MACP with grade pays of Rs.2800 and Rs.4200 under the service rules.
- Whether the earlier judgment in LPA No.‑458/2021 is applicable to the present petitioners.
- Whether denial of the higher grade pay amounts to discrimination among similarly situated police personnel.
Subjects
- MACP
- grade pay
- police service
- discrimination
- writ petition
- service benefits
- judicial direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8825 of 2026
======================================================
1. Shashi Kumar Singh S/O-Dharamdeo Singh, R/O-Village and P.O-Sarawan,
P.S.-Bardah, District-Azamgarh (U.P), Literate Constable No.-377, BSAP-
10, Patna.
2. Bharat Pandey, S/O-Kashi Pandey, R/O-Village and P.O-Baradhi, P.S.-
Chainpur, District-Kaimur (Bhabua), Hawildar No.-81, BSAP-10, Patna.
3. Munna Prasad, S/O-Late Deo Nath Ram, R/O-Village and P.O-Pachehara,
P.S.-Belaon, District-Kaimur (Bhabua), Havildar No.-200, BSAP-10, Patna.
4. Manoj Kumar, S/O-Late Bindeshwari Prasad Singh, R/O-Village-Chowki
(Ashok Dham), P.S. and District-Lakhisarai, Havildar, BSAP-10, Patna.
5. Md. Shamim Alam, S/O-Late Md. Nizamuddin, R/O-Village and P.O-Lai,
P.S.-Bihta, District-Patna, Havildar, BSAP-10, Patna.
6. Anoj Kumar Maharana, S/O-Late Maheshwari Prasad Maharana, R/O-
Village-Takki, P.O.-Belsira, P.S.-Fulidumar, District-Banka, Constable No.-
279, BSAP-10, Patna.
7. Shailesh Kumar, S/O-Ramanand Singh, R/O-Village-Sevati, P.O.-Patharhat,
P.S.-Dhanarua, District-Patna, Driver Havildar No.-02, BSAP-10, Patna.
8. Hareshwar Singh, S/O-Late Suryanath Singh, R/O-Village-Ghoratap, P.S.-
Bihta, District-Patna, Driver Havildar No.-14, BSAP-10, Patna.
9. Mukesh Kumar, S/O-Late Brijmohan Sharma, R/O-Village and P.O.-
Bandhuganj, P.S.-Ghoshi, District-Jehanabad, Driver Havildar No.-03,
BSAP-10, Patna.
10. Ajay Kumar Chakrawarti, S/O-Awadhesh Kumar Singh, R/O-Airport,
Phulwarisharif, P.S.-Airport, District-Patna, Driver Havildar No.-09, BSAP-
10, Patna.
11. Ram Shankar Kumar, S/O-Kameshwar Singh, R/O-Village and P.O-
Rahatpur, P.S.-Suryagarha, District-Lakhisarai, Driver Constable No.-27,
BSAP-10, Patna.
12. Satyendra Kumar, S/O-Dharmnath Prasad Yadav, R/O-Village-Nakta Diyara,
P.S.-Digha, District-Patna, Driver Constable No.-26, BSAP-10, Patna.
13. Rakesh Kumar Sharma, S/O-Late Parmeshwar Sharma, R/O-Village-
Sariyam, P.O.-Lakhna, P.S.-Gaurichak, District-Patna, Havildar No.-108,
BSAP-10, Patna.
14. Ratneshwar Kumar Waske, S/O-Late Nayaka Waske, R/O-Village-Baghinia,
P.O.-Dinapatti, P.S.-Murliganj, District-Madhepura, Havildar No.-150,
BSAP-10, Patna.
15. Lalbabu Singh, S/O-Late Rambilash Singh, R/O-Village-Manpur Milki,
P.O.-Nonhar, P.S.-Bikramganj, District-Rohtas, Havildar No.-49, BSAP-10,
Patna.
16. Suraj Kumar, S/O-Late Dashrath Prasad, R/O-Village and P.O.-Muradabad,
P.S.-Sasaram, District-Rohtas, Havildar No.-132, BSAP-10, Patna.
17. Nirbhay Kumar Singh, S/O-Dibakar Singh, R/O-Village-Shitalpur, P.O.-
Dariyapur, P.S.-Muffasil, District-Munger, Havildar No.-137, BSAP-10,
Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026
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Patna.
18. Balwant Kumar Singh, S/O-Late Bachchan Singh, R/O-Village-Bhundi
Tekri, P.O.-Dadar, P.S.-Mohania, District-Kaimur (Bhabua), Driver Havildar
No.-8, BSAP-10, Patna.
19. Mahesh Kumar Pandey, S/O-Late Ram Nagina Pandey, R/O-Village-Pipri,
P.O-Gotpa, P.S.-Agrer, District-Rohtas, Havildar No.-179, BSAP-10, Patna.
20. Shashi Bhushan Tiwari, S/O-Late Madhusudan Tiwari, R/O-Village and P.O-
Khairatiya, P.S.-Manuapul, District-West Champaran (Bettiah), Havildar
No.-68, BSAP-10, Patna.
21. Rajan Kumar Singh, S/O-Birendra Singh, R/O-Village-Hirapakar, P.O. and
P.S.-Jadopur, District-Gopalganj, Havildar No.-10, BSAP-10, Patna.
22. Brajesh Kumar Tiwari, S/O-Late Dinesh Tiwari, R/O-Village-Garar, P.O.-
Husainganj, P.S.-Aandar, District-Siwan, Driver Havildar No.-4, BSAP-10,
Patna.
23. Sushil Kumar, S/O-Late Kashi Nath Singh, R/O-Village-Parwatpur, P.O-
Lahrabad, P.S.-Piro, District-Bhojpur, Havildar No.-45, BSAP-10, Patna.
24. Madan Paswan, S/O-Late Manejer Paswan, R/O-Village-Dabadhiya, P.O-
Darauli, P.S.-Bhabua, District-Kaimur (Bhabua), Constable No.-425, BSAP-
10, Patna.
25. Chandan Kumar, S/O-Late Jay Kishore Singh, R/O-Village and P.O.and P.S.-
Dinara, District-Rohtas, Driver Havildar No.-07, BSAP-14, Patna.
26. Manish Kumar Singh, S/O-Late Baidhanath Singh, R/O-Village-
Parshurampur, P.O.-Jaigovind Nagar, P.S.-Barun, District-Aurangabad,
Driver Havildar No.-04, BSAP-14, Patna.
27. Ashok Kumar Singh, S/O-Late Basant Singh, R/O-Village and P.O.-
Sakardas, P.S.-Wazirganj, District-Gaya, Driver Havildar No.-03, BSAP-14,
Patna.
28. Abhay Kumar Singh, S/O-Ramesh Singh, R/O-Village and P.O.-Ganghara,
P.S.-Shahpur, District-Patna, Driver Havildar No.-14, BSAP-14, Patna.
29. Satish Kumar, S/O-Late Naresh Singh, R/O-Village-Garo Bigha, P.O.-
Dhanwa, P.S.-Narhat, District-Nawada, Driver Havildar No.-06, BSAP-04,
Dumraon (Buxar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna.
2. The Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Road,
Patna.
3. The Director General of Police, Bihar Special Arms Police (BSAP), Patna.
4. The Inspector General of Police B.S.A.P, Bihar, Patna.
5. The Deputy Inspector General of Police B.S.A.P (Central Range), Patna.
6. The Deputy Inspector General of Police B.S.A.P (Northern Range),
Muzaffarpur.
Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026
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7. The Commandant, Bihar Special Arms Police-10, Patna.
8. The Commandant, Bihar Special Arms Police-04, Dumraon, (Buxar).
9. The Commandant, Bihar Special Arms Police-14, Patna.
10. The Additional Chief Secretary, Finance Department, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Thakur, Advocate
For the Respondent/s : Mr. Government Advocate (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the parties.
2. This writ petition has been filed for following
reliefs:
1. For direction upon the respondent
authorities to grant the lst and 2nd MACP to the
petitioners in Grade Pay 2800/- and 4200/-
respectively on completion of 10 and 20 years of
continuous and satisfactory service instead of
Grade Pay Rs.2400/- and 2800/- as the petitioners
are matriculate and pay fixation of the petitioners
may be done accordingly.
II. To hold that the benefits granted by
the respondent authorities in the light of the
judgment of Division Bench of this Hon'ble Court
dated 26.04.2024 rendered in LPA No.-458/2021
(Srikant Dubey and Ors. Vs. The State of Bihar &
Ors.) may also be granted to the petitioners as the
petitioners have also been appointed under the
same process and on the basis of same educational
qualification pursuant to an Advertisement No.-
Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026
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01/1998 dated 14.12.1998 like persons who have
been allowed the benefit of 1st ACP in pay scale of
Rs.4200/- on completion of 12 years of services.
III. To hold that the present petitioners
are also entitled to 1 MACP in Grade Pay
Rs.2800/- and 2nd MACP in Grade Pay Rs.4200/-
in tune with the benefit given to those who were
matriculate at the time of appointment as constable
and denial to such benefit would amount to
discrimination among similarly situated persons.
IV. To direct the concerned respondent
authority to consider the representations of the
petitioners and take an appropriate decision, and
further grant the benefit of 1st and 2nd MACP in
Grade Pay Rs.2800/- and 4200/- instead of
Rs.2400/- and 2800/-.
V. For any other relief/reliefs to which
the petitioners are entitled to in the facts and
circumstances of this case.
3. During course of argument the counsel for the
petitioner draws attention of this Court that a representation has
been filed before the authority concerned (respondent No.2)
who has to take a final decision in this regard as the issue in this
case has not yet been decided as per his instruction by the
respondent concerned. Respondent No.2, the DGP Bihar, Patna
is directed to take a decision upon representation of petitioners
i.e., Annexure 8 series within a period of three months and pass
Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026
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a reasoned order after giving hearing to the petitioners or their
representatives. It goes without saying that if the respondent
concerned take a decision in favour of the petitioner then
consequential benefit be also paid thereafter within a period of
six months.
4. This writ petition is disposed of with direction
given herein before.
(Ranjan Kumar Jha, J)
Rishabh, Atul/-
U
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