Punam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11647 of 2025 ====================================================== Punam Thakur, wife of Late Pramod Kumar Thakur, resident of Panchwati, Road No.4, Near Gandhimurti, East Patel Nagar, P.O. and P.S. Shastri Nagar, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna.

3.

The Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna.

4.

The Deputy Secretary, Animal and Fisheries Department Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Adv.

For the Respondent/s :

Mr. Standing Counsel (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-08-2025 Heard the parties.

2. The petitioner, a hapless widow of the erstwhile employee of the Animal and Fisheries Department, has approached this Court seeking a direction upon the concerned respondent to extend the benefit of 3rd Modified Assured Career Progression (hereinafter referred to as the M.A.C.P.) scheme with effect from 01.01.2009 to her husband in view of the terms of the Bihar State Employees Service Condition (Modified Assured Career Progession Scheme) Rules, 2010.

3. Learned Advocate for the petitioner submitted that the husband of the petitioner was initially appointed as Animal

Patna High Court CWJC No.11647 of 2025(2) dt.04-08-2025 2/3 Husbandry Officer in the Animal Husbandry Department in the year 1978; while he was posted at Mass Animal Development Project Regional Level, Lakhisarai, he died in harness on 14.04.2009 leaving behind the petitioner. Referring to the M.A.C.P. Rules, 2010, learned Advocate further contended that since the husband of the petitioner has completed 30 years of service on 01.01.2009 and he died subsequent thereto, hence he was also entitled to get the benefit of 3rd M.A.C.P.. The entire facts have been brought to the knowledge of all the authorities concerned, including the Deputy Chief Minister-cum Minister Incharge, who had also forwarded the application to the respondent no. 3 for the needful, but, till date, no action has been taken, thus the present writ petition.

4. Learned Advocate for the State submitted that though there is a substantive delay in approaching this Court, however, since the petitioner has already filed an application for ventilating his grievance, that should be considered and disposed off in accordance with law.

5. Having considered the submissions and fair stand of the learned Advocate for the State, this Court deems it appropriate to dispose off the writ petition with a liberty to the petitioner to file a fresh representation alongwith the order of

Patna High Court CWJC No.11647 of 2025(2) dt.04-08-2025 3/3 this Court preferably within a period of 2 weeks' from today.

6. In case such a representation is filed, the concerned respondent no. 3 shall take up the matter and pass an appropriate order in accordance with law in the light of the Rules, 2010 preferably within a further period of 10 weeks.

7. Suffice it to observe, in case the claim of the petitioner finds favour, necessary consequential order shall be issued forthwith.

8. The writ petition stands disposed off with the aforesaid direction and observation.

(Harish Kumar, J) supratim/- U