Patna HC disposed of a writ petition seeking payment of MACP/ACP benefits to petitioners, wives of deceased government employees. The Court directed the District Magistrate to examine claims within three months and pay within two months if due.
Direct respondent-no.3 to examine claims within three months and pay within two months if payable.
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.4875 of 2022
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... ... Petitioners
Versus
... ... Respondents
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Appearance : For the Petitioners : Mr.Munna Raj, Advocate Ms. Minakshi Kumari, Advocate For the State : Mr. Dhurendra Kumar, AC to GP-5
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
Learned counsel for the petitioners is permitted to
make correction in the name of the husband of petitioner no. 4 as per supplementary affidavit.
Heard learned counsel for the petitioners and Mr. Dhurendra Kumar, learned AC to GP-5 for the State.
Patna High Court CWJC No.4875 of 2022(2) dt.21-04-2023 2/3
The petitioners in the present case are seeking the following reliefs:-
“(i) To issue an appropriate order/orders Direction/Directions including a writ in the nature of mandamus commanding and directing upon the respondents to make the payment of monetary benefit of M.A.C.P./A.C.P. to the petitioners, taking into the consideration that their husband died in harness and was entitled for the same.
(ii) To direct the respondents to make the payment of monetary benefit of M.A.C.P./A.C.P. taking into the consideration that petitioner’s husband completed their service 12/24, 10/20/30 of their respective service.
(iii) To direct the respondents to make the payment of penal interest to the petitioners taking into the consideration that due to latches on the part of respondents the above mentioned claim have not been paid.
(iv) To direct the respondents to any other relief/reliefs to which the petitioners may be found entitled in the facts & circumstances of the case.”
Learned counsel for the petitioners submits that after filing of this writ application, the petitioner no. 1 has been made available the benefits of ACP/MACP of her husband. It is submitted that now the claims of petitioner nos. 2 to 8 are required to be examined and a decision is to be taken in this regard by the competent authority.
In the kind of reliefs prayed for, this writ application
Patna High Court CWJC No.4875 of 2022(2) dt.21-04-2023 3/3
is being disposed of with a direction to the District Magistrate, Banka (Respondent No.3) to look into the grievance of the petitioners, examine their claims as represented before the various authorities, copies of which are enclosed with the writ application and take a decision as to payability of their claims in accordance with law within a period of three months from the date of receipt/production of a copy of this order.
If the claims are payable in accordance with law, the same shall be paid within another two months.
This writ application stands disposed of.
(Rajeev Ranjan Prasad, J)
lata/- U
1 issue framed by the court
Whether the petitioners are entitled to monetary benefits of M.A.C.P./A.C.P. for their deceased husbands.
Manjula Devi
Ranjit Paswan
Sadho Devi
Sudama Devi
Sawita Devi
Luro Devi
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
