Sumangal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6048 of 2025 ====================================================== Sumangal Paswan Son of Late Ram Lakhan Paswan, Resident of Village and P.O.- Kandap, P.S.-Gaurichak, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The District Panchayati Raj Officer, Patna.

4.

The Block Development Officer, Dulin Bazar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Respondent/s :

Dr. Md. Raisul Haque, Standing Counsel (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner as well as counsel for the respondent - State.

2. It is submitted by the counsel for the petitioner that initially the petitioner was appointed as Panchayat Sachiv on 29.01.1979 and stood retired from services on 31.01.2014. According to the relevant rules regarding A.C.P and M.A.C.P, the petitioner has already been granted benefit of 1st and 2nd M.A.C.P, he is also entitled to get the benefit of 3rd M.A.C.P. w.e.f. 29.01.2009 which has already been recommended by the competent authority vide its memo no. 505 dated 09.02.2023 i.e. Annexure - P/1 but, even after the recommendation made by the competent authority the benefit of 3rd M.A.C.P has not been

Patna High Court CWJC No.6048 of 2025(2) dt.22-04-2025 2/3 provided to the petitioner till today. He had already represented before the respondent vide Annexure - P/2 but, no decision has been taken by the concerned respondent. Therefore, it is prayed by him that this petition may be disposed of, directing the concerned respondent to consider and decide the representation within any specific time fixed by this Court.

3. Counsel for the respondent-State do not opposes the prayer made by the counsel for the petitioner. However, it is submitted by the State Counsel that the competent authority would be respondent no. 2 i.e. The District Magistrate, Patna. Therefore, petitioner may be directed to make a fresh representation before the respondent no. 2 and on submission of such the respondent no. 2 may also be directed to consider and decide the same within any specific period fixed by this Court.

4. Taking into consideration the submissions made by both the counsels, the petition is disposed of, petitioner is directed to make a fresh representation before the respondent no. 2 i.e. The District Magistrate, Patna raising all grounds which he raised in this writ petition and in turn, the respondent no. 2 is also directed to consider and decide the representation in accordance with relevant rules and laws as early as possible and pass a reasoned order probably within three months from the

Patna High Court CWJC No.6048 of 2025(2) dt.22-04-2025 3/3 submission of representation.

5. Accordingly, this writ petition is disposed of. (Arvind Singh Chandel , J) Siddharth Soni/- U