Saryu Prasad Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1170 of 2026 ====================================================== Saryu Prasad Chaudhary S/o Goha Chaudhury, Resident of Village and PostKansari, Thana- Gaurichak, Distt- Patna, 804451. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Ministry of HRD, Govt. of Bihar, New Secretariat, Patna, Bihar 800001.

2.

The District Education Officer, Patna, Bihar 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Singh, Adv.

For the Respondent/s :

Mr. Prashant Pratap, GP-2 Mr. Ajit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-01-2026 Heard the parties.

2. The instant writ petition has been filed for the following reliefs:- "i. Direct the Respondents to grant third MACP as requested to grant the benefit of third MACP from 01.01.2009 in PB 3 Grade Pay 6600 as per the department lay down and Notification ३ए-2वे-पु.-18/2009-7566 ददनांक 14.07.2010 of Modified ACP Scheme 2010, Finance Department, Government of Bihar.

ii. Direct Respondent to review and reassess the irregularities adopted in the grant of second and third MACP and correct the same.

iii. Certify and transmit the entire records and papers pertaining to the applicant's case so that after causes shown there of considerable justice

Patna High Court CWJC No.1170 of 2026(3) dt.29-01-2026 2/3 may be done unto the applicant by way of grant of reliefs as prayed for in (i) and (ii) above. iv. Any further order/orders and/or direction or directions as to your Lordships may deem fit and proper."

3. Learned Advocate for the petitioner submitted that despite the fact the petitioner is entitled to get the benefit of 3rd MACP w.e.f. 01.01.2009 in PB 3 Grade Pay 6600/- in terms with the notification issued by the Government as also the Modified ACP scheme 2010, he has not been extended such monetary benefits compelling him to approach this Court. For redressal of his grievance, the petitioner has also approached before the District Education Officer, Patna by filing a detailed representation on 26.03.2025 and further on 26.05.2025, the copies of which have been duly received by the office of the concerned respondent, but till date no decision has been taken.

4. Learned Advocate for the State fairly submitted that the petitioner has already approached before the competent authority who shall consider his claim and pass an appropriate order.

5. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that the representation of the petitioner for extending the benefit of 3rd MACP is pending consideration before the

Patna High Court CWJC No.1170 of 2026(3) dt.29-01-2026 3/3 District Education Officer, Patna, the present writ petition stands disposed off with a direction to the respondent no.2 to consider the claim of the petitioner as raised in his representation (Annexures-P-2 and P-3), preferably within a period of ten weeks from the date of receipt/production of a copy of this order.

6. Suffice it to observe that in case the claim of the petitioner finds favor, necessary consequential monetary benefit must be accorded to him, in accordance with law.

7. This disposes the writ petition.

(Harish Kumar, J) rohit/- U