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Patna High Court

Tripurari SharanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                          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
                                                      3/3




                    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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