The court granted relief to a retired Constacle seeking the 3rd MACP benefit, directing the State to consider and decide the claim within three months and provide benefits within two months if eligible.
Direction to respondents to consider petitioner for 3rd MACP within three months and make it available within two more months if eligible.
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.984 of 2023
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Jag Narayan Ojha, Son of Dharmraj Ojha, Resident of Baudha Bhojpur Chaurasta, Bihiya, P.S. - Bihiya, District - Bhojpur (Arrah), Bihar - 802154.
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr.Ram Hriday Prasad, Advocate Ms. Maruti Kumari, Advocate For the State : Mr.Md. Nadim Seraj ( GP 5 ) Mr. Dhurendra Kumar, AC to GP-5 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 24-04-2023
The petitioner in the present case is seeking a direction to the respondents to grant him the benefit of 3rd Modified Assured Career Progression (MACP) from the due date.
2. Learned counsel for the petitioner submits that the petitioner was appointed as Constable in 1981 and he retired from Rail Patna in October 2021. It is his submission that he has filed representations on 21.06.2022 and 27.06.2022 before the DIG, Rail, Bihar, Patna for grant of his MACP but the said representation has not held any significant result.
3. A counter affidavit has been filed on behalf of the
Patna High Court CWJC No.984 of 2023(2) dt.24-04-2023 2/2
State respondents. In paragraph ‘6 to 8’ some relevant informations have been furnished. It is stated that petitioner was dismissed thrice in service but on all the three occasions, he was reinstated. It is stated that the petitioner has not passed the Hindi examination. The counter affidavit states that the decision with regard to the MACP is pending.
4. Mr. Nadim Seraj, learned G.P.-5 representing the State submits that an appropriate decision shall be taken as regards payability of the MACP to the petitioner within a period of three months from today.
5. In the aforesaid view of the matter, this writ application is being disposed of with a direction to the respondents to consider the case of the petitioner for grant of 3rd MACP and take an appropriate decision thereon within a period of three months from today. In case, the petitioner is found entitled for the benefits, the same shall be made available to him within another two months.
6. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
lata/- U
3 issues framed by the court
Whether the respondents shall be directed to grant the benefit of 3rd Modified Assured Career Progression (MACP) to a retired Constable.
Whether the claimant is entitled to MACP credits after retirement despite pending administrative proceedings.
Whether the State must settle the MACP claim within a specific timeframe.
Jag Narayan Ojha
State of Bihar through the Chief Secretary, Government of Bihar
Home Secretary, Govt. of Bihar
D.G.cum-I.G. of Police, Bihar
D.I.G. of Police Rail, Bihar
Rail S.P., Patna
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
