Patna High Court
Siyaram SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner's claim must be considered by the Inspector General of Police and the screening committee, and therefore did not grant immediate relief but ordered the petitioner to file a representation.
Summary
The petitioner, a retired police officer, filed a writ petition seeking a direction for the respondents to pay the amount due under the 3rd Modified Assured Career Progression (MACP) Scheme to which he claimed entitlement. The respondents filed a counter‑affidavit stating that the petitioner had superannuated on 31 December 2018 after completing 60 years of service and that a recommendation for the 3rd MACP had already been sent to the Inspector General of Police, Magadh Range. The court examined the counter‑affidavit and found that the matter required consideration by the screening committee headed by the IG Police. Accordingly, the court directed the petitioner to file a representation before the IG within four weeks and mandated that the IG/Screening Committee decide on the representation within two months, with any benefit to be paid within three months if granted. The court also ordered that a reasoned order be communicated if the representation is rejected. The writ application was disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to the benefits of the 3rd Modified Assured Career Progression (MACP) Scheme.
- Whether the High Court can directly direct payment of the MACP amount or must refer the matter to the appropriate administrative authority.
Subjects
- Assured Career Progression Scheme
- Modified Assured Career Progression
- pension
- superannuation
- writ jurisdiction
- administrative law
- government orders
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.948 of 2022
======================================================
Siyaram Sharma Son of Sri Sikandar Sharma Resident of Village-Nadauna,
P.S.-Bhagwanganj (Masaurhi), District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home department,
Government of Bihar, Patna.
2. The Director General of Police, Bihar.
3. The deputy Inspector General of Police, Nawada.
4. The Superintendent of Police, Nawada.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shakti Suman Kumar, Advocate
For the Respondent/s : Mr. Saroj Kumar Sharma, AC to AAG 3
Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-03-2026 1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for a
direction to the respondents to pay the amount due under the 3 rd
MACP for which he is entitled in law.
3. Bereft of unnecessary details, it may be observed
here that a counter affidavit has been filed on behalf of the
Superintendent of Police, Nawada which has been sworn by the
Deputy Superintendent of Police (Reserve). Relevant paragraph
nos. 4 to 9 of the counter affidavit is reproduced herein below
for ready reference:
Patna High Court CWJC No.948 of 2022(3) dt.23-03-2026
2/4
“4. That by filing the present writ petition, sole
petitioner has sought for a direction upon the
respondents to grant him the benefits of 3rd
Modified Assured Career Progression Scheme
(MACP Scheme in short).
5. That the petitioner claims that he has
superannuated from services in the month of
December 2018 (in fact, the petitioner had
superannuated on 31st of December 2018 from
Nawada District Police Force).
6. That at the very outset, it is stated and
submitted that upon receipt of a copy of the writ
petition, a report was called for by the
Superintendent of Police, Nawada from the
Deputy Superintendent of Police (Rakshit),
Police Centre, Nawada who has submitted the
same under Letter No. 5673 dated 24 November,
2022 which is self-explanatory.
A copy of the Letter No.
5673 dated 24th
November 2022 is
annexed herewith and
marked as Annexure-A
Series to this counter
Affidavit.
7. That as per the report, it appears that the date
of birth of the petitioner is 1.1.1959 and he has
superannuated from services upon completing 60
years of service on 31 December, 2018.
Patna High Court CWJC No.948 of 2022(3) dt.23-03-2026
3/4
8. That for granting him the benefits of Assured
Career Progression Scheme/Modified Assured
Career Progression Scheme, a recommendation
sent was under Letter No. 4/Pension dated 13
January, 2021 to the Inspector General of
Police, Magadh Range, Gaya. The said letter is
already part of Annexure- A (Series).
9. That in that background, it is stated and
submitted that whenever the meeting of the
screening committee is held and appropriate
decision is taken by the Inspector General of
Police, Magadh Range, Gaya, necessary
consequential orders would be issued inasmuch
as the petitioner was granted the benefit of 1 st
and 2nd Assured Career Progression Scheme
from 9th of August 1999 and 17th of June 2008
respectively and his 3rd MACP is to be
considered from 17 June, 2015 in the Grade Pay
of 4200 Level- 06.”
4. Having heard learned counsel for the parties and
taking into consideration the statement made in the counter
affidavit, it is directed that the petitioner will file a
representation before the Inspector General of Police, Magadh
Range, Gaya within a period of four weeks enclosing a copy of
this order.
5. The Director General of Police/Inspector General
of Police/ Screening Committee shall take a decision on the
Patna High Court CWJC No.948 of 2022(3) dt.23-03-2026
4/4
representation filed by the petitioner with respect to grant of 3 rd
MACP to him within a period of two months from the date of
receipt/production of a copy of the representation along with
this order. In case the representation of the petitioner finds
favour with the respondents concerned, consequential benefits
of the same shall be paid to the petitioner within a period of
three months of the passing of the order.
6. In case the representation of the petitioner does not
find favour with the respondent concerned, he shall pass a
reasoned order and communicate the same to the petitioner
within a period of 4 weeks of passing of the order.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Bibhash
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.