Shail Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6597 of 2016 ====================================================== Shail Devi Wife of Late Surendra Prasad Mishra R/o Village - Bahadurpur Patori, P.S. - Sahpur Patori, District - Samastipur. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Dept. Govt. of Bihar.
2.
The Principal Secretary, Revenue and Land Reforms Dept. Govt. of Bihar. 3.
The Deputy Secretary, Revenue and Land Reforms Dept.Govt. of Bihar, Patna.
4.
The Collector, Samastipur District.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madan Prasad Singh No-2, Advocate For the State :
Mr. Dhurjati Kr. Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 23-04-2024 Heard Mr. Madan Prasad Singh No- 2, the learned counsel for the petitioner and Mr. Dhurjati Kumar Prasad, the learned GP-7 appearing on behalf of the State.
2. The present writ petition has been filed for directing the respondents to grant the third Modified Assured Career Progression (Hereinafter referred to as 'MACP') with effect from 28.02.2007, when the petitioner's husband completed thirty years of service from 28.02.1977 with all consequential benefits.
3. Learned counsel for the State submits that in
Patna High Court CWJC No.6597 of 2016 dt.23-04-2024 2/3 compliance of the order dated 04.01.2024, passed in the present writ petition a meeting of District Screening Committee under the Chairmanship of the respondent no. 4, i.e., the Collector, Samastipur, was held on 22.02.2024 with regard to the third MACP of the husband of the petitioner and the propose regarding ACP and MACP along with Service Book of the husband of the petitioner was placed before the District Screening Committee and the Committee examined and considered the proposal and Service book of the husband of the petitioner and after perusal of the entire matter District Screening Committee has found that the benefit of first ACP and second ACP has already been provided to the husband of the petitioner with effect from 26.10.
2008 and in light of the clause 04 of the letter no. 10936 dated 27.11.2014 of the Finance Department, Bihar, the District Screening Committee found that the husband of the petitioner was not entitled to get the third MACP. Apart from that, the District Screening Committee has already rejected the claim of the husband of the petitioner with regard to the third MACP in its meeting dated 16.03.
Patna High Court CWJC No.6597 of 2016 dt.23-04-2024 3/3 of the District Screening Committee dated 16.03.2017 & 22.02.2024 and after due consideration the Committee has found that the husband of the petitioner was not entitled for the third MACP.
4. In view of the aforesaid, the writ petition is devoid of merit and stands dismissed.
(Rajesh Kumar Verma, J) ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2024 Transmission Date NA