Rameshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case no.19951 of 2025 ====================================================== Rameshwar Sah S/o Baburam Sah, Resident of Bengha, Ward no. . 4, Saharsa, Bihar. 852201.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary. 2.

Principal Secretary, Finance Department, Government of Bihar. 3.

Principal Secretary, Revenue Department, Government of Bihar. 4.

Collector, Supaul.

5.

Treasury Officer, Supaul.

6.

Accountant General, Bihar.

7.

Anchal Adhikari, Bhaptiyahi, Basantpur, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Mallika Mazumdar, Advocate For the Respondent/s :

Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08.01.2026

1. Heard learned counsel for the petitioner. No one appears for the respondents.

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

"(i) To issue an appropriate order(s)/ direction (s)/ writ in the nature of Mandamus directing the Respondents Authorities to grant 3rd M.A.C.P due from 01-01-2009.

(ii) To grant any other relief(s), which your Lordship may deem fit and proper in the interest of justice, equity and good conscience."

3. It is case of the petitioner that he was appointed as

Patna High Court CWJC no.19951 of 2025(2) dt.08.01.2026 2/3 a Revenue Karamchari on 21.7.1978 in the scale of 220-315 and his services were confirmed vide order dated 27.7.1988 passed by the Deputy Collector, Saharsa with effect from 1.4.1980. The petitioner passed his Hindi Noting and Drafting Examination on 21.9.1981.

4. Learned counsel for the petitioner submits that the petitioner was given the 1st and 2nd Assured Career Progression Promotion with effect from 9.8.1999 after completion of 12 years/ 24 years respectively.

5. It is further submitted that as per the Finance Department Memo no. 18/2009-7566 dated 14.7.2010, the petitioner who has completed more than 30 years of service on 1.1.2009 is entitled for MACP, but he has not been given the same inspite of having filed representation before the respondent authorities, one of which addressed to the Circle Officer, Saraigarh, Bhaptiyahi has been brought on record as Annexure-P/2 to the application.

6. Having heard learned counsel for the petitioner and having perused the contents of the petition, the writ application is disposed of directing the petitioner to file a fresh representation before the Collector, Supaul (respondent no. 4) within a period of four weeks for the reliefs/grievances raised in

Patna High Court CWJC no.19951 of 2025(2) dt.08.01.2026 3/3 the instant writ application.

7. If such a representation is filed, the respondent no. 4 shall decide the same in accordance with law within a period of two months from the date of its filing. In case any amount is found payable to the petitioner, the same shall be paid within a period of one month from the date of disposal of the representation.

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

9. It is made clear that the Court has not gone to the merits of the case which is to be decided by the respondent concerned.

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

(Partha Sarthy, J) Bibhash U