Arun Kumar vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8658 of 2023
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1. Arun Kumar Son of Ramdev Singh, Resident of Village-Meyar, P.S.-
Chabilapur, District-Nalanda.
2. Anil Kumar, son of Late Awdhesh Prasad Singh @ Awadh Kishor Prasad
Singh, Resident of Village-Vindidhi, P.S.-Shilav, District-Nalanda.
3. Sudhir Kumar Singh son of Shiv Prasad Singh, Resident of Village-Mirganj,
P.S.-Wazirganj, District-Gaya.
4. Abhay Kumar, son of Late Kapildev Singh, Resident of Village-Manjhi, P.O.
and P.S.-Warsaliganj, District-Nawada.
5. Ram Sevak Singh, son of Late Hari Singh, Resident of Belghah, P.S.-
Warsaliganj, District-Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through its Law Secretary, Government of Bihar, Patna.
2. District and Sessions Judge, Civil Court, District-Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Mr. Vardaan Mangalam, Advocate
Ms. Ritika Rani, Advocate
Ms. Shambhari, Advocate
For the State : Mr. Prasant Pratap, GP-2
For Respondent No.2 : Mr. Piyush Lal, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 01-09-2026
Heard learned counsel appearing for the petitioners,
learned counsel appearing for the State and learned counsel for
respondent No.2.
2. Learned counsel for the petitioners submits that
the petitioner has filed the present wit petition with the
following relief/s :-
“(A) For commanding the
rd
respondents for granting benefit of 3
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MACP with effect from 30/04/2015, 5/9/15,
26/4/15, 3/5/15 and 3/5/15 considering the
petitioners are continuing for more than 30
years of service continuously on the post of
clerk and peon respective.
(B) And also for necessary
relief/reliefs for which the petitioner is
entitled in the eye of law as well as facts of
case.”
3. Learned counsel appearing for the petitioners
submits that a supplementary affidavit has been filed and, by
virtue thereof, a letter bearing No. 1397 dated 31.07.2026,
annexed as Annexure P/6, has been brought on record, whereby
similarly situated persons have been granted the benefit with
effect from 24.06.2025. Learned counsel further submits that the
petitioners are also claiming the same relief as has been granted
to the similarly situated persons vide Annexure P/6.
In support of his submissions, learned counsel relies
upon the decision of this Court in Ajit Kumar Vs. The State of
Bihar and Ors. , passed in CWJC No. 18082 of 2010 on
21.06.2018, whereby similarly situated employees were granted
the benefits of First ACP and Second ACP.
4. Learned counsel appearing for the petitioners
further submits that the petitioners are claiming the aforesaid
relief on the ground of parity, as similarly situated employees,
who were working as Clerks, have already been granted the
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same benefit vide Annexure P/6, particularly those mentioned at
Serial Nos. 1, 2 and 3.
5. Learned counsel appearing on behalf of
respondent no. 2, on the other hand, submits that the Accountant
General has raised an objection to the grant of such benefit on
the ground that some of the petitioners were not working against
sanctioned posts.
6. Having heard the parties and upon perusal of the
materials on record, it transpires that the petitioners are retired
employees and the benefit of financial progression had been
approved by the concerned Committee. However, while such
benefit was extended to certain employees who were in service,
the cases of those employees who had retired were not
considered, though their effective dates were identical.
7. It further transpires that, in view of the decision of
this Court in Ajit Kumar (supra), the issue raised by the
petitioners requires consideration on the ground of parity, as
under :-
“The present petition has been filed for
grant of first A.C.P. w.e.f. 24.06.1997 and second
A.C.P. w.e.f. 24.06.2009.
The respondents no. 3 and 4 have filed
counter affidavit in the present case and in
paragraph no. 13, it has been stated that the
appointment of 124 IIIrd grade employees of
Nawada judgeship was questioned by the
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Accountant General, Bihar and the matter is
pending before the Law Department since the year
2008. This is a very peculiar situation wherein the
petitioner has been denied the benefits of first and
second A.C.P., although he is entitled for the same
and his claim has not been denied by the
respondents, however merely on the pretext that the
appointment of the petitioner and others have been
questioned by the Accountant General and the
matter is pending before the Law Department since
more than a decade, the benefits have been sought
to be denied and it has been stated in the counter
affidavit that the benefits would be given after the
opinion of the Law Department is received.
The rights of the petitioner cannot be
trampled indefinitely on one pretext or the other,
hence this Court finds that, pending decision to be
taken by the State Government regarding the
veracity of the appointment of the petitioner herein,
the benefits of the first and second A.C.P. should be
granted to the petitioner herein within a period of 6
weeks from today.
The writ petition is allowed.”
8. In the aforesaid circumstances, and upon perusal
of the decision in Ajit Kumar (supra) as well as Annexure P/6,
this Court is of the view that the present writ petition may be
disposed of with a direction to respondent no. 2 to consider and
take a decision with regard to the claim of the petitioners in the
light of Clause 4(C) of the Bihar State Litigation Policy, 2011,
within a period of 90 days from the date of production/receipt
of a copy of this order.
9. The present writ petition stands allowed with the
aforesaid direction, subject to the decision to be taken by the
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State Government regarding the veracity of the appointment of
the petitioners herein.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 02.-09-2026
Transmission Date NA