Hiramuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12367 of 2024 ====================================================== Hiramuni Devi Wife of Late Raj Narayan Singh, Resident of Village - Koila, P.O.- Dariyapur P.S. - Dariyapur, District - Saran (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna. 3.

The Additional Chief Secretary, Panchaiyat Raj Department, Govt. of Bihar, Patna.

4.

The Deputy Secretary, Panchaiyat Raj Department, Govt. of Bihar, Patna. 5.

The District Magistrate, Saran at Chapra.

6.

The District Panchaiyat Raj Officer, Saran at Chapra. 7.

The Block Development Officer, Block - Sonpur, District - Saran at Chapra. 8.

The Principle Accountant General (A and E), Bihar, Patna. 9.

The Treasury Officer, Chapra, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Respondent/s :

Mr. Sumant Kumar Singh, AC to GA-2 Mr. Vinay Kirti Singh, Advocate For the Accountant General :

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 27-08-2024 The husband of the petitioner was appointed on 11.03.1997 as Panchayat Secretary. He died on 22.02.2020 after completion of about 23 years of service. After his death, the petitioner being the widow of the said Panchayat Secretary has filed the instant writ petition, when he was not granted 1st and 2nd ACP/MACP for revision of his scale of pay. As per Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003, an employee is entitled to get

Patna High Court CWJC No.12367 of 2024(2) dt.27-08-2024 2/2 1st ACP on completion of his 10 years of his service. Thereafter, on completion of 20 years, he is entitled to get 2nd ACP. The husband of the petitioner is, therefore, entitled to get 2nd MACP with effect from 11th March, 2017.

2. For the reasons stated above and in view of the fact that the learned Advocate for the respondents also admits that the husband of the petitioner is entitled to get ACP/MACP on completion of 10 years and 20 years of service.

3. The instant writ petition is disposed of directing the respondents No.5, 6 and 7 to revise the pay scale of the husband of the petitioner and grant arrears of salary as well as family pension and other consequential benefits to the present petitioner being the widow of the above-mentioned employee and other legal heirs and representatives as per the law of inheritance within three months from the date of communication/receipt of this order.

4. Accordingly, the instant writ petition is thus, disposed of.

(Bibek Chaudhuri, J) mdrashid/- U