Patna High Court
Tripurari SharanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner must file a fresh representation before the Collector, and therefore the writ petition could not be entertained by mandamus.
Summary
The petitioner, a retired government employee, filed a writ petition seeking a mandamus directing the State of Bihar to grant him the benefit of the MACP scheme retrospectively from 01-04-2015, alleging that other employees in his district had received the benefit. He claimed to have completed 30 years of service and was superannuated on 31-03-2024, but his representation dated 11-08-2023 remained pending without a decision. The petitioner relied on a prior judgment (Ashwini Kumar v. State of Bihar, C.W.J.C. No.8520 of 2024) which held that pending departmental proceedings do not bar granting MACP benefits. The State argued that a 2003 resolution guided the grant of benefits and that no order had been passed on the petitioner’s representation. The Court, after hearing counsel, declined to issue mandamus and instead directed the petitioner to file a fresh representation before the Collector within 30 days, and ordered the Collector to pass a reasoned order within 90 days of receipt. Consequently, the writ petition was disposed.
Issues considered
- Whether the petitioner is entitled to the benefit of the MACP scheme despite the pendency of his representation.
- Whether the Court can issue a mandamus directing the State to grant MACP benefits.
- Whether the 2003 resolution and prior case law affect the petitioner’s claim.
Subjects
- MACP
- superannuation
- mandamus
- representation
- administrative law
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9284 of 2024
======================================================
Tripurari Sharan son of Late Narayan Das, resident of Village Bochahi,
Kalarampur, Near Kali Mandir, Uttar Tola, Jamalpur, P.S.- Jamalpur, District-
Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Bihar, Patna.
2. The Joint Secretary to the Government, Revenue and Land Reforms
Department, Bihar, Patna.
3. The Secretary, (Resources), Finance Department, Government of Bihar
Patna.
4. The Divisional Commissioner, Munger Division, Munger.
5. The Collector, Munger.
6. The District Treasury Officer, Munger.
7. The Circle Officer, Tetiabamber, District- Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indu Bhushan, Adv.
For the Respondent/s : Mr.Santosh Chandra Bhaskar, AC to GP11
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-02-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
“That this writ application is directed for
issuance of an appropriate writ in the nature of Mandamus
commanding the responsible respondents for a direction to
give benefit of M.A.C.P. to the petitioner w.e.f. 01.04.2015
considering the representation dated 11.08.2023 (contained
in Annexure-1) of the petitioner, on the very ground that the
petitioner has completed his service of 30 years and other
Patna High Court CWJC No.9284 of 2024(2) dt.12-02-2026
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employees in the district of Munger under the control of the
Collector, Munger have been given benefit of M.A.C.P.”
3. Counsel for the petitioner further submits that the
petitioner was superannuated from his service after completion
of 30 years on 31.03.2024. He further submits that the benefit of
MACP has not been granted to the petitioner and his
representation is pending vide Annexure-1 of the writ petition,
on which no decision has been taken by the concerned authority
till date.
4. Counsel further submits that the Co-ordinate Bench
of this Court vide order dated 07.05.2025 passed in C.W.J.C.
No.8520 of 2024 in case of Ashwini Kumar Vs. the State of
Bihar & Ors., has pleased to held that “merely pendency of the
departmental or criminal proceeding would not be an
impediment for grant of the benefit of ACP/MACP scheme”.
5. Counsel for the State raised preliminary objection
and submits that Annexure-R/2 is the Resolution dated
06.11.2003 in which grant of benefit to the petitioner has been
guided by the said Circular.
6. Upon specific query, whether any order has been
passed on the petitioner’s representation, then he submits that as
per his knowledge, no decision has been taken till date.
7. In the light of the submissions made, the present
Patna High Court CWJC No.9284 of 2024(2) dt.12-02-2026
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writ petition is hereby disposed off directing the petitioner to
file a fresh representation again raising all his grievances before
the Collector (respondent No.5) within 30 days along with this
order. Since the representation is pending from the year 2003,
therefore, the respondent No.5 shall pass a reasoned and
speaking order within 90 days after receiving the same.
8. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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