Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4159 of 2026 ====================================================== Dinesh Paswan son of Late Baiju Paswan, resident of village Turukwan, Dhamul, P.O and P.S- Dhamul, District-Nawada, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna, having its office at The Main Secretariat Building, Patna. 2.

The Secretary, Panchayati Raj Department, Government of Bihar, Patna, having its office at Vikash Bhawan, New Secretariat, Bailey Road, Patna. 3.

The Director, Panchayati Raj Department, Government of Bihar, Patna, having its office at Vikash Bhawan, New Secretariat, Bailey Road, Patna. 4.

The Deputy Director, Panchayati Raj Department, Government of Bihar, Patna, having its office at Vikash Bhawan, New Secretariat, Bailey Road, Patna.

5.

The District Panchayati Raj Officer, District- Nawada, Panchayati Raj Department, Government of Bihar, having its office at First floor Collectorate Campus, Nawada, Bihar, Pin-805110. 6.

The Accountant General (A and E), Bihar, Patna having its office at Office of the Accountant General, Veerchand Patel Marg, R-Block, Patna, PO and P.S Sachivalaya, District Patna, State Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shivani Upadhyaya, Advocate For the Respondent/s :

Mr. Ram Kinker Choubey, Advocate GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2026

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs.

"i. For issuance of a writ of Mandamus commanding upon the respondents to give the benefits of Ist, IInd and IIIrd ACP/MACP to the petitioner accrued which has not been given to

Patna High Court CWJC No.4159 of 2026(2) dt.24-03-2026 2/3 the petitioner till date and has already retired from the service.

AND ii. For issuance of a writ of Mandamus commanding upon the respondents to pay all the arrears of ACP/MACP to the petitioner with interest @ 12% Per Annum.

AND iii. Be further pleased to pass such other order or orders/ direction or directions, as the Hon'ble Court may deem fit and proper on the facts and in the circumstances of this case."

3. Having perused the contents of the petition, it transpires that inspite of the petitioner having filed representations before the District Magistrate, Nawada and also the District Panchayat Raj Officer, Nawada for the reliefs prayed for herein, not having received any response thereto, the petitioner has moved this Court by filing this writ application for the reliefs as quoted hereinabove.

4. Having heard learned counsel for the parties, this writ application is disposed of directing the petitioner to file a fresh representation before the Director, Panchayati Raj Department, Government of Bihar, Patna (respondent no. 3) within a period of four weeks.

5. On filing of the representation, the respondent no.3

Patna High Court CWJC No.4159 of 2026(2) dt.24-03-2026 3/3 shall decide the same in accordance with law within a period of two months and shall pay the consequential benefits to the petitioner as per the said order within a period of two months from the date of passing of the order.

6. In case the representation of the petitioner does not find favour with the respondent concerned, a reasoned order for the same shall be communicated to the petitioner forthwith.

7. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Bibhash U