A petition challenging the recovery of excess salary granted under MACP rules. The Court found that any erroneous calculation was rectified within five months and dismissed the writ petition, vacating a stay order.
Vacating of the order of stay dated 23.02.2018 and dismissal of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2472 of 2018
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Sachidanand Sharma Son of late Mohan Sharma, Resident of VillageMilanpalli Ward No. 2, P.S.- Kishanganj, District- Kishanganj.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Kishore Kumar Thakur, Advocate Mr. Braj Kishore Singh, Advocate For the State : Mr.Sunil Kumar Mandal -SC3 Mr. Bipin Kumar, AC to SC3
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 19-12-2023
Heard learned counsel for the petitioner and learned counsel for the State.
Patna High Court CWJC No.2472 of 2018 dt.19-12-2023 2/7
to the writ petition); order communicated vide Memo No. 355 dated 28.03.2018 issued by the District Magistrate, Kishanganj and with further prayer to restrain the respondent for making any recovery from the petitioner.
Patna High Court CWJC No.2472 of 2018 dt.19-12-2023 3/7
condition for appointment stipulated in the said annexure is as follows:-
“d) ekuo lalk/ku fodkl foHkkx ( izkFkfed ,oa o;Ld f”k{kk ) ds ladYi la[;k 582 fnukad 20.05.2005 ds vkyksd esa bu NVuhaxzLr deZpkfj;ksa dk lek;kstu ubZ fu;qfDr le>h tk;sxhA NVuhxzLr gksus ds iwoZ dh lsok ds vk/kkj ij mUgsa ojh;rk dk ykHk vuqekU; ugha gksxk ijUrq NVuhxzLr gksus ds iwoZ dh lsok dh x.kuk isa”ku ds iz;kstukFkZ dh tk;sxhA”
Patna High Court CWJC No.2472 of 2018 dt.19-12-2023 4/7
Counsel further submits that there were two separate pay scales for both the cadres prescribed. One for the Lower Division Clerk other for the Upper Division Clerk. The pay scale for a Lower Division Clerk was Rs. 3050-4590/- and for an Upper Division Clerk the pay scale of Rs.4000-6000/-. Counsel further submits that when Modified Assured Career Progression Rules, 2010 (hereinafter referred to as ‘the MACP’) was introduced and according to Rule 22 of the MACP, the petitioner also became entitled to the same and as such he came in the payscale of Rs.5000-8000/- as decided by the organization vide Annexure-P-11/A which is said to be applicable w.e.f 09.08.1999.
Patna High Court CWJC No.2472 of 2018 dt.19-12-2023 5/7
that the said Annexures – P/1 and Annexure P/2 have been issued in gross violation of Letter No. 1720 dated 19.02.2014 by the Finance Department (Annexure – P10) by which merger of two pay-scales of Rs.4500-7000/- and pay-scale of Rs.50008000/- is permissible into one scale as PB-11 (9300-34,800/with Grade Pay 4200 admissible. Learned counsel further submits that the benefit of the said merger is permissible financially w.e.f. 01.01.2009 particularly to those persons who are entitled for grant of 2nd ACP.
Patna High Court CWJC No.2472 of 2018 dt.19-12-2023 6/7
Rs.4500-7000 and Rs.5000-8000/- but the merger of those two pay scales has been made only w.e.f. 01.01.2006 onwards and, therefore, the petitioner is not entitled for the relief which he has prayed in the present writ petition.
Patna High Court CWJC No.2472 of 2018 dt.19-12-2023 7/7
23.02.2018 is hereby vacated.
(Dr. Anshuman, J)
Ashwini/-
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| CAV DATE | NA |
| Uploading Date | 23/12/2023 |
| Transmission Date | NA |
2 issues framed by the court
Whether the Court should interfere in the orders impugned regarding recovery of excess salary paid to the petitioner pursuant to the grant of Assured Career Progression benefits.
Whether the wrong calculation of pay scales, if any, has been rectified by the Department in a timely manner.
1 provisions across 1 enactments
Sachidanand Sharma
State Of Bihar
Principal Secretary, General Administration Department
Director, Directorate of Integral Child Development Services
District Magistrate, Kishanganj
District Programme Officer, Kishanganj
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
