Created by Fuzzy Cloud

Patna High Court

Ram Prasad MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners must file individual representations and, if their cases fall within the scope of the Supreme Court decision and the Finance Department's letter, they are entitled to the same relief granted to others.

Summary

The Patna High Court heard a batch of civil writ petitions filed by retired senior accounts clerks seeking financial benefits under the ACP and MACP schemes. The petitioners argued that the Supreme Court's decision in SLP (C) Nos. 8219‑8226 of 2019 and a subsequent letter (No. 2178 dated 27.02.2025) entitled them to relief. The court noted that two petitions (CWJC No. 7002 of 2024 and CWJC No. 7369 of 2024) were withdrawn and dismissed accordingly. For the remaining petitions, the court directed each petitioner to file an individual representation before the Principal Secretary, Water Resources Department, within 30 days, invoking Clause 4.C of the Bihar State Litigation Policy, 2011. It further ordered that the Principal Secretary decide the representations within 60 days and grant relief if the Supreme Court precedent applies. The court thereby disposed of the writ petitions pending the representations and directed the respondent to pass an order on monetary entitlement.

Issues considered

  • The petitioners' entitlement to financial benefits under the ACP and MACP schemes.
  • Whether the Supreme Court judgment in SLP (C) Nos. 8219‑8226 of 2019 is applicable to the petitioners.
  • Whether the petitioners must file individual representations before the Principal Secretary as per the Bihar State Litigation Policy.

Subjects

  • ACP scheme
  • MACP scheme
  • senior accounts clerk
  • writ petition
  • withdrawn
  • representation
  • Supreme Court decision
  • Bihar State Litigation Policy
  • financial benefits

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7002 of 2024
     ======================================================
     Ashit Kumar Chakroborty son of late Sushil Kumar Chakroborty resident of
     Temple View Complex, L.I.C. Road, P.S. Madhyamgram(m), District- North
     24, Pargana, West Bengal, the retired Senior Accounts Clerk, Rural Works
     Department, Patna Works Division, Patna

                                                                ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2.   The Principal Secretary Finance Department, Government of Bihar, Patna
3.   The Secretary (Expenditure) Finance Department, Government of Bihar,
     Patna
4.   The Principal Secretary Rural Works Department, Government of Bihar,
     Patna
5.   The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary
     Rural Works Department, Government of Bihar, Patna
6.   The Chief Engineer-1 Rural Works Department, Bihar, Patna
7.   The Superintending Engineer Rural Works Department, Patna Works Circle,
     Patna
8.   The Executive Engineer Rural Works Department, Patna Works Division,
     Patna

                                               ... ... Respondent/s
     ======================================================
                                         with
                    Civil Writ Jurisdiction Case No. 3207 of 2023
     ======================================================
1.    Ajit Prasad Son of Late Lallu Prasad, Resident of Mohalla - Gareri, Station
      Road, Dumraon, P.S. Dumraon, District- Buxar, the retired Senior Accounts
      Clerk, Sone Canal Division, Bikramganj, District - Rohtas.
2.   Bijay Kumar Pathak, Son of Late Hriday Narayan Pathak, resident of Village
     and P.O. Pandey Patti, P.S. Buxar, District - Buxar, presently posted as
     Senior Accounts Clerk, Ganga Pump Canal Division, Chausa, District -
     Buxar.
3.   Praveen Kumar, son of Late Chandrika Prasad Sinha, resident of Village -
     Bhujwa, P.O. and P.S. Gogri, District - Khagaria, presently posted as Senior
     Accounts Clerk, Flood Control and Drainage Division, Lalganj, District -
     Vaishali at Hajipur.

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Finance Department, Government of Bihar, Patna.
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           2/11




  3.    The Secretary (Expenditure), Finance Department, Government of Bihar,
        Patna.
  4.    The Principal Secretary, Minor Water Resources Department, Government
        of Bihar, Patna.
  5.    The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary,
        Minor Water Resources Department, Government of Bihar, Patna.
  6.    The Executive Engineer, Minor Water Resources Department, Sone Canal
        Division, Bikramganj, District - Rohtas.
  7.    The Executive Engineer, Minor Water Resources Department, Ganga Pump
        Canal Division, Chausa, District - Buxar.
  8.    The Executive Engineer, Minor Water Resources Department, Flood Control
        and Drainage Division, Lalganj, District - Vaishali at Hajipur.

                                                 ... ... Respondent/s
       ======================================================
                                               with
                     Civil Writ Jurisdiction Case No. 7369 of 2024
       ======================================================
       Mohit Narayan Singh son of Late Anandu Prasad Resident of Village
       -Sakarpura, P.O. and P.S. Masaurhi, District- Patna, the retired Senior
       Accounts Clerk, Water Resources Department, Flood Protection Division,
       Mokama, Camp- Bakhtiyarpur, District- Patna

                                                                  ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna
  2.    The Principal Secretary, Water Resources Department, Government of Bihar,
        Patna
  3.    The Engineer-in-Chief, Water Resources Department, Government of Bihar,
        Patna
  4.    The Chief Engineer, Water Resources Department, Flood Control and
        Drainage, Government of Bihar, Patna
  5.    The Superintending Engineer, Water Resources Department, Flood
        Protection and Drainage CIrcle, Biharsharif
  6.    The Executive Engineer, Water Resources Department, Flood Protection
        Division, Mokama, Camp- Bakhtiyarpur, District- Patna

                                                 ... ... Respondent/s
       ======================================================
                                               with
                       Civil Writ Jurisdiction Case No. 8871 of 2024
       ======================================================
  1.    Dineshwar Singh Son of Late Fekan Ram, resident of Ward no. 3 Narayan
        Tola, New Sidhauli, P.O. Dalmiya Nagar, P.S. Dehri, District- Rohtas at
        Sasaram, presently working as Senior Accounts Clerk in the office of
        Executive Engineer, Water Resources Department, Irrigation Division,
        Dehri, District- Rohtas
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           3/11




  2.    Md. Anwar Sadat Ansari Son of Late Ahmad Ansari, resident of ward No.
        31, Neel Kothi, Near Rahul Muslimin Madarsa, P.O. and P.S. Dehri, District-
        District- Rohtas at Sasaram, presently working as Senior Accounts Clerk in
        the office of Executive Engineer, Water Resources Department, Design
        Division, Dehri, District- Rohtas
  3.    Pankaj Kumar Son of Late Arvind Kumar Singh, resident of Kako Road,
        near Telephone Exchange, East of Government Bus Depot, P.O. and P.S.
        Jehanabad, District- Jehanabad, presently working as Senior Accounts Clerk
        in the office of Executive Engineer, Water Resources Department. Sone
        Canal Division, Bikramganj, District- Rohtas.
  4.    Manoj Kumar Son of Late Sanktha Lal, resident of village- Gareya, P.O.
        Akhtiyarpur, P.S. Karhagar, District- Rohtas, presently working as Senior
        Accounts Clerk in the office of Executive Engineer, Water Resources
        Department, Sone High Level Canal Division, Bhabhua, District- Kaimur.
  5.    Rajesh Kumar Son of Late Ramgopal Singh, resident of Mohalla-
        Nooranganj, Bauliya Road, Sasaram P.O. Sasaram, P.S. Sasaram Town,
        District- Rohta, presently working as Senior Accounts clerk in the office of
        Executive Engineer, Water Resources Department, Sone High Level Canal
        Division, Sasaram, District- Rohtas.

                                                                  ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  2.    The Principal Secretary, Finance Department , Government of Bihar, Patna.
  3.    The Secretary (Expenditure), Finance Department , Government of Bihar,
        Patna.
  4.    The Principal Secretary, Water Resources Department, Government of Bihar,
        Patna.
  5.    The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary,
        Water Resources Department, Government of Bihar, Patna.
  6.    The Chief Engineer, Water Resources Department, Irrigation Creation Dehri.
  7.    The Superintending Engineer, Water Resources Department, Irrigation
        Circle, Bhabhua,
  8.    The Superintending Engineer, Water Resources Department, Sone Canal
        Circle, Ara,
  9.    The Superintending Engineer, Water Resources Department, Design,
        Planning and Monitoring Circle, Dehri, District- Rohtas.
  10. The Executive Engineer, Water Resources Department, Design Division,
      Dehri, District- Rohtas.
  11. The Executive Engineer, Water Resources Department, Design Division,
      Dehri, District- Rohtas.
  12. The Executive Engineer, Water Resources Department, Sone Canal Division,
      Bikramganj, District- Rohtas
  13. The Executive Engineer, Water Resources Department, Sone High Level
      Canal Division, Bhabhua, District- Kaimur.
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           4/11




  14. The Executive Engineer, Water Resources Department, Sone High Level
      Canal Division, Sasaram, District- Rohtas.

                                                 ... ... Respondent/s
       ======================================================
                                               with
                     Civil Writ Jurisdiction Case No. 8918 of 2024
       ======================================================
  1.    Sitaram Bhujel Son of Late Balbahadur, resident of Gandak Colony, Station
        Road, Ward No.1, P.O. and P.S. Gopalganj, District Gopalganj, presently
        working as Senior Accounts Clerk in the office of Executive Engineer, Water
        Resources Department, Flood Control Division, Gopalganj
  2.    Gaurishankar Chaudhary Son of Late Beni Madhav Chaudhary, resident of
        village- Patkhauli, Ward No.3, P.O. Malkhauli Patkhauli, P.S. Bagaha,
        District West Champaran, presently working as Senior Accounts Clerk in the
        office of Executive Engineer, Water Resources Department, Flood Control
        Division, 2, Padrauna.

                                                                  ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  2.    The Principal Secretary, Finance Department, Government of Bihar, Patna.
  3.    The Secretary (Expenditure), Finance Department, Government of Bihar,
        Patna.
  4.    The Principal Secretary, Water Resources Department , Government of
        Bihar, Patra
  5.    The Engineer-in-Chief -cum- Additional Secretary -cum- Special Secretary,
        Water Resources Department, Government of Bihar, Patna.
  6.    The Chief Engineer, Water Resources Department, Siwan.
  7.    The Executive Engineer, Water Resources Department Flood Control
        Division, Gopalganj.
  8.    The Executive Engineer, Water Resources Department, Flood Control
        Division-2, Padrauna.

                                                 ... ... Respondent/s
       ======================================================
                                               with
                      Civil Writ Jurisdiction Case No. 9223 of 2024
       ======================================================
  1.    Ram Prasad Mishra son of Late Sansari Mishra, resident of village- Chattar
        Patti, P.O. Bodha Chhapar, P.S. Gopalpur, District - Gopalganj, the retired
        Senior Accounts Clerk office of the Executive Engineer, Water Resources
        Department, Flood Control Division, Gopalganj.
  2.    Shatrughan Tiwari son of Late Lalan Tiwari resident of village- Tiwari
        Matihania, P.O. Sipara, P.S.- Bishambharpur, District- Gopalganj, the retired
        the retired Senior Accounts Clerk office of the Executive Engineer, Water
        Resources Department, Flood Control Division, Gopalganj.
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           5/11




  3.    Agan Bhagat son of Bikram Bhagat, resident of Mohalla- Manikpur, Station
        Road Gopalganj, P.O. and P.S. Gopalganj, District - Gopalganj, the retired
        Senior Accounts Clerk office of the Executive Engineer, Water Resources
        Department, Flood Control Division, Gopalganj.
  4.    Govardhan Prasad son of Late Chaturi Prasad, resident of Mohalla
        -Manikpur, P.O. and P.S.Gopalganj, District-Gopalganj, the retired Senior
        Accounts Clerk office of the Executive Engineer, Water Resources
        Department, Saran Canal Division, Siwan.
  5.    Manager Sah son of Megha Sah Resident of village- Purkhas, P.O. Bodha
        Chhapar, P.S. Gopalpur, District - Gopalganj, retired Senior Accounts Clerk,
        Rural Works Department, Rural Development Division No. 2, Siwan.
  6.    Parasnath Verma son of Lila, resident of village and P.O. Ahirauli Baghel,
        District -Deoria (U.P.), the retired Senior Accounts Clerk office of the
        Executive Engineer, Rural Works Department, Works Division No.2,
        Gopalganj.
  7.    Sheojee Singh son of Late Bunna Singh, resident of village- Gulaura, P.O.
        Ratanpura, P.S. Kuchaikote, District - Gopalganj, the retired Senior
        Accounts Clerk office of the Executive Engineer Rural Works Department,
        Works Division No.3, Sonepur, District - Saran.
  8.    Shiw Shankar Sharma son of Late Hiralal Sharma, resident of village-
        Sikatiya, P.O. Khawaspur P.S. Basantpur, District-Siwan, the retired Senior
        Accounts Clerk office of the Superintending Engineer, Water Resources
        Department, Flood Control and Water Drainage Circle Muzaffarpur.
  9.    Birendra Kumar Singh son of Late Ram Ayodhya Singh, resident of 380 K,
        Rana Pratap Nagar, Near Koat Dev Mandir, P.O. and P.S. Bhagwan Bazar,
        District -Saran Chapra, the retired Senior Accounts Clerk office of the
        Executive Engineer, Water Resources Department, Flood Control Division,
        Thakraha Camp, Gopalganj.
  10. Fazlurrahman son of Late Dr. Ekramul Haque, resident of Ward No.22, Dr.
      Hasnain Kaushalya Chowk, P.O. and P.S. Gopalganj District Gopalganj, the
      retired Senior Accounts Clerk Office of the Executive Engineer, Water
      Resources Department Flood Control Division, Thakraha Camp, Gopalganj.

                                                                   ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  2.    The Principal Secretary, Finance Department, Government of Bihar, Patna.
  3.    The Secretary (Expenditure), Finance Department, Government of Bihar,
        Patna.
  4.    The Principal Secretary, Water Resources Department, Government of Bihar,
        Patna.
  5.    The Principal Secretary, Rural Works Department, Government of Bihar,
        Patna.
  6.    The Chief Engineer, Water Resources Department, Muzaffarpur.
  7.    The Superintending Engineer, Water Resources Department, Flood Control
        and Water Drainage Circle, Muzaffarpur.
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           6/11




  8.    The Executive Engineer, Water Resources Department, Flood Control
        Division, Gopalganj.
  9.    The Executive Engineer, Water Resources Department, Saran Canal
        Division, Siwan.
  10. The Executive Director, Rural Works Department, Rural Development
      Division No. 2, Siwan.
  11. The Executive Engineer, Rural Works Department, Works Division No. 2,
      Gopalganj.
  12. The Executive Engineer, Rural Works Department, Works Division No. 3,
      Sonepur, District-Saran.
  13. The Executive Engineer, Water Resources Department, Flood Control
      Division, Thakraha Camp, Gopalganj.

                                                 ... ... Respondent/s
       ======================================================
                                               with
                       Civil Writ Jurisdiction Case No. 9513 of 2024
       ======================================================
  1.    Brijendra Prasad Singh son of Late Ram Bahadur Singh, resident of Village
        and P.O. Suitha, P.S. Parsa Bazar, District-Patna, presently residing at
        Mohalla-Salimpur Ahra, Gali No. 2, P.O. Kadam Kuan, P.S. Gandhi Maidan,
        District-Patna, the retired Senior Accounts Clerk, office of the Executive
        Engineer, Contract Administration Division, Headquarter-3, now known as
        office of the Executive Engineer, Rural Works Department, Advance
        Planning Division No. 2, Patna.
  2.    Sidhnath Singh Son of Late Mathura Singh, resident of Village-Dariyapur,
        P.O. Bhiasawan, P.S. Masaurhi, District-Patna, the retired Senior Accounts
        Clerk Office of the Executive Engineer, Water Resources Department
        Punpun Flood Protection Division, Patna City, Karbigahiya, Patna.
  3.    Vijay Narain Singh, son of Late Deo Sidh Naraian Singh, resident of
        Village-Narhat, P.O. Kharauna, P.S. Bhagwanganj, District-Patna, the retired
        Senior Accounts Clerk Office of the Executive Engineer, Water Resources
        Department Punpun Flood Protection Division, Patna City, Karbigahiya,
        Patna.
  4.    Pushpa Devi, Wife of Late Binod Kumar, Resident of Rose Vale Academy,
        Loha Singh Gali, Ward No. 38, Behind Tara Hotel, Kadam Kuan, P.O.
        Kadam Kuan, P.S. Gandhi Maidan, District-Patna.

                                                                  ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  2.    The Principal Secretary, Finance Department, Government of Bihar, Patna.
  3.    The Secretary (Expenditure), Finance Department, Government of Bihar,
        Patna.
  4.    The Principal Secretary, Water Resources Department, Government of Bihar,
        Patna.
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           7/11




  5.    The Principal Secretary, Rural Works Department, Government of Bihar,
        Patna.
  6.    The Superintending Engineer, Rural Works Department, Advance Planning
        Circle, Patna.
  7.    The Executive Engineer, Rural Works Department, Advance Planning
        Division No. 2, Patna.
  8.    The Superintending Engineer, Rural Works Department, Works Circle,
        Bhagalpur.
  9.    The Executive Engineer, Rural Works Department, Works Division,
        Bhagalpur.
  10. The Superintending Engineer, Water Resources Department, Punpun Flood
      Protection Circle, Patna.
  11. The Executive Engineer, Water Resources Department, Punpun Flood
      Control Division, Patna City, Karbigahiya, Patna.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       (In Civil Writ Jurisdiction Case No. 7002 of 2024)
       For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                         Mr. Awnish Kumar, Advocate
                                         Mr. Kumar Gaurav, Advocate
                                         Mr. Vikash Kr. Singh, Advocate
                                         Mr. Rishi Raj, Advocate
       For the State             :       Mr. Birju Prasad, GP-13
                                         Mrs. Shweta Anand, AC to GP-13
       (In Civil Writ Jurisdiction Case No. 3207 of 2023)
       For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                         Mr. Awnish Kumar, Advocate
                                         Mr. Kumar Gaurav, Advocate
                                         Mr. Vikash Kr. Singh, Advocate
                                         Mr. Rishi Raj, Advocate
       For the State             :       Mr. Rajat Kumar Tiwary, AC to SC-15
       (In Civil Writ Jurisdiction Case No. 7369 of 2024)
       For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                         Mr. Awnish Kumar, Advocate
                                         Mr. Kumar Gaurav, Advocate
                                         Mr. Vikash Kr. Singh, Advocate
                                         Mr. Rishi Raj, Advocate
       For the State             :       Mr. Swapnil Kumar Singh, AC to GP-19
       (In Civil Writ Jurisdiction Case No. 8871 of 2024)
       For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                         Mr. Awnish Kumar, Advocate
                                         Mr. Kumar Gaurav, Advocate
                                         Mr. Vikash Kr. Singh, Advocate
                                         Mr. Rishi Raj, Advocate
       For the State             :       Mr. Prabhakar Jha, GP-27
                                         Mr. Hari Mohan Mishra, AC to GP-27
       (In Civil Writ Jurisdiction Case No. 8918 of 2024)
       For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                         Mr. Awnish Kumar, Advocate
                                         Mr. Kumar Gaurav, Advocate
         Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                                    8/11




                                                   Mr. Vikash Kr. Singh, Advocate
                                                   Mr. Rishi Raj, Advocate
                 For the State             :       Mrs. Puspanjali, Sharma, AC to SC-20
                 (In Civil Writ Jurisdiction Case No. 9223 of 2024)
                 For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                                   Mr. Awnish Kumar, Advocate
                                                   Mr. Kumar Gaurav, Advocate
                                                   Mr. Vikash Kr. Singh, Advocate
                                                   Mr. Rishi Raj, Advocate
                 For the State             :       Mr. Standing Counsel (15)
                 (In Civil Writ Jurisdiction Case No. 9513 of 2024)
                 For the Petitioner/s      :       Mr. SBK Manglam, Advocate
                                                   Mr. Awnish Kumar, Advocate
                                                   Mr. Kumar Gaurav, Advocate
                                                   Mr. Vikash Kr. Singh, Advocate
                                                   Mr. Rishi Raj, Advocate
                 For the State             :       Mr. Binod Kr. Yadav, SC-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

9   16-02-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State in all cases.

                               Re: CWJC No. 7002 of 2024 & CWJC No. 7369 of

                   2024

                               2. Learned counsel for the petitioners appearing in the

                   batch cases submits that the grievances of the petitioners in

                   CWJC No. 7002 of 2024 and CWJC No. 7369 of 2024 have

                   been settled during the pendency of the writ petitions.

                               3. As such, counsel for the petitioners seeks

                   permission to withdraw the writ petitions, namely, CWJC No.

                   7002 of 2024 & CWJC No. 7369 of 2024.

                               4. Permission, as prayed for, is granted.

                               5. Accordingly, the above-mentioned writ petitions,

                   namely, CWJC No. 7002 of 2024 & CWJC No. 7369 of 2024
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                           9/11




          are hereby dismissed as withdrawn.

                      Re: CWJC No. 3207 of 2023, CWJC No. 8871 of

          2024, CWJC No. 8918 of 2024, CWJC No. 9223 of 2024 &

          CWJC No. 9513 of 2024.

                      6. Learned counsel appearing in the above-mentioned

          writ petitions submits that in these cases, namely, CWJC No.

          3207 of 2023, CWJC No. 8871 of 2024, CWJC No. 8918 of

          2024 and CWJC No. 9513 of 2024, no representation is on

          record, whereas in CWJC No. 9223 of 2024 there is

          representation at Annexure P/9 series. Counsel further submits

          that the issue involved in all those writ petitions has been

          squarely covered by the decision passed by the Hon’ble

          Supreme Court of India in SLP (C) Nos. 8219–8226 of 2019, in

          which the Hon’ble Supreme Court of India has been pleased to

          hold that both ACP and MACP Schemes are schemes devised

          with the object of ensuring that the employees who are unable to

          avail of adequate promotional opportunities, get some relief in

          the form of financial benefits.

                      7. Counsel further submits that a counter-affidavit has

          been filed in CWJC No. 8918 of 2024, in which Letter No. 2178

          dated 27.02.2025, issued by the Principal Secretary, Finance

          Department, has been annexed as Annexure C/1. Counsel
Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                          10/11




          further submits that all the petitioners in the above-mentioned

          writ petitions are entitled to the relief as prayed for in their

          respective writ petitions in light of the aforesaid judgment of the

          Hon’ble Supreme Court of India, as well as vide Letter No.

          2178 dated 27.02.2025 issued by the Principal Secretary,

          Finance Department.

                      8. Learned counsel for the State submits that in all the

          writ petitions, except the above two which were withdrawn, in

          one writ petition, i.e., CWJC No. 9223 of 2024, a representation

          has been filed, however, the said representation was not filed by

          all the petitioners, only a few petitioners have filed the

          representation.

                      9. In light of the submissions made above, this Court

          directs the petitioners of the above-mentioned writ petitions,

          namely, CWJC No. 3207 of 2023, CWJC No. 8871 of 2024,

          CWJC No. 8918 of 2024, CWJC No. 9223 of 2024, and CWJC

          No. 9513 of 2024, to file their individual representations,

          including all details of their grievances, the judgment passed by

          the Supreme Court of India in SLP (C) Nos. 8219–8226 of

          2019, as well as Letter No. 2178 dated 27.02.2025, or any other

          relevant points, before the Principal Secretary, Water Resources

          Department, Government of Bihar, Patna (Respondent No. 4),
         Patna High Court CWJC No.7002 of 2024(9) dt.16-02-2026
                                                   11/11




                   within 30 days. The Principal Secretary shall decide the

                   petitioners’ representations in accordance with Clause 4.C of the

                   Bihar State Litigation Policy, 2011 within 60 days thereafter. If

                   it is found that the petitioners’ cases are squarely covered by the

                   order passed by the Supreme Court of India in SLP (C) Nos.

                   8219–8226 of 2019, as well as by Letter No. 2178 dated

                   27.02.2025, then, in that case, the relief granted to others shall

                   also be granted to the petitioners.

                               10. Accordingly, in view of the above directions, the

                   present writ petitions stand disposed off, along with the

                   Interlocutory Application(s), if any. It is made clear that the

                   respondent shall also pass an order regarding the entitlement to

                   the monetary benefit.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.