Dismissed¶27

Vijay Kumar Mishra v. The State of Bihar

Patna HC21 Apr 2026CWJC/5566/2026

Case brief

AI extract

What is this about?

ACP; Assured Career Progression; 3rd ACP benefit; deceased employee; legal heirs; Bihar Rural Works Department; Samastipur; Patori; Darbhanga; Departmental Accounts Examination; wrong joining date; Jivachi Devi (Division Bench, Patna High Court); CWJC no.948 of 2021; CWJC no.12832 of 2013; LPA no.541 of 2021; maintainability of repeated writ; compliance with earlier judgment; contempt application as remedy; dismissal for want of maintainability; no appearance for petitioner.

What did the court decide?

The earlier writ application (CWJC no.948 of 2021) having been allowed and the appeal preferred by the State of Bihar having been dismissed, the respondents had to comply with the order passed in the writ application, or the petitioner had to file a contempt application against the same. ¶26

Vijay Kumar Mishra Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶27

Issue for consideration

Whether the instant writ application seeking directions for grant of the 3rd A.C.P. benefit to the petitioner's late father and consequential payments is maintainable, given that an earlier writ (CWJC no.948 of 2021) for the same relief was already allowed and the State's appeal (LPA no.541 of 2021) against it was dismissed.

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Court's answer

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Ratio / Principle

The instant application is not maintainable.

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Detailed headnote1 paragraphs

PATNA HIGH COURT (Partha Sarthy, J), oral order dated 21-04-2026 - CWJC No.5566 of 2026, Vijay Kumar Mishra v. State of Bihar (Rural Works Department) - DISMISSED. Petitioner, appearing through no counsel, sought directions for grant of 3rd A.C.P. benefit to his late father (claimed in service since 1.03.1970, with only 2 ACP benefits allowed on a recorded joining date of 26.06.1981) and consequential payments. The Court noted that the petitioner's mother had earlier sought similar A.C.P. reliefs (CWJC no.12832 of 2013, withdrawn by order dated 14.12.2016), and that the petitioner's own writ CWJC no.948 of 2021 was allowed on 24.3.2021, directing grant of ACP benefits to the deceased father notwithstanding non-passing of the Departmental Accounts Examination, having regard to the Division Bench decision in Jivachi Devi, with payment of consequential monetary benefits to the legal heirs within eight weeks. The State's LPA no.541 of 2021 was dismissed on 23.4.2024, no infirmity being found in the Single Judge's order. Holding that the respondents were bound to comply with that order or else the petitioner's remedy lay in a contempt application, the Court held the fresh writ application not maintainable and dismissed it. Md. Harun Quareshi, A.C. to S.C.-1, appeared for the respondents.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5566 of 2026

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======================================================

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Vijay Kumar Mishra S/o- Late Indra Narayan Mishra, R/o- Ward No.-08, Dharampur, District- Samastipur, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

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The Chief Engineer-6, Rural Works Department, Government of Bihar, Darbhanga.

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The Superintendent Engineer, Rural Works Department, Works Circle, Samastipur.

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The Executive Engineer, Rural Works Department, Works Division, Patori, Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Md. Harun Quareshi, A.C. to S.C.-1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 21-04-2026

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No one appears for the petitioner. Learned counsel for the State of Bihar is present.

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The petitioner has filed the instant application for the following relief(s):

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“(i) For directing the Respondents concerned authorities for grant of benefit of 3^rd A.C.P to the late father of the Petitioner and after grant thereof pay all the consequential benefits to the petitioner, as the late father of the petitioner was in service since 1.03.1970 but the respondent No.2 allowed only 2 ACP benefits by entering wrong joining date as 26.06.1981.

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(ii) To pass such other order /orders,

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Patna High Court CWJC No.5566 of 2026(2) dt.21-04-2026 2/3

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direction/directions as Your Lord Ships may deem fit and proper in the facts and circumstances of this case.”

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On perusal of the materials on record, it transpires that the mother of the petitioner had moved this Court for similar reliefs for grant of benefits of A.C.P. vide CWJC no.12832 of 2013 which was permitted to be withdrawn by order dated 14.12.2016. Subsequently, the petitioner moved this Court once again for the same relief vide CWJC no.948 of 2021 which was allowed by this Court by order dated 24.3.2021 (Annexure-1) in the following terms:

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“5. Having regard to the law laid down by the learned Division Bench of this Court in the case of Jivachi Devi (supra), this Court finds that the benefits of ACP (Assured Career Progression), to the deceased father of the petitioner, could not have been denied on account of non-passing of the Departmental Accounts Examination, hence, the respondents are directed to grant the benefits of ACP to the deceased father of the petitioner from the date, the same became due and, accordingly, make payment of the consequential monetary benefits to the legal heirs of the deceased father of the petitioner within a period of eight weeks from today.”

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The State of Bihar preferred LPA no.541 of 2021

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against the order allowing CWJC no.948 of 2021. By order dated 23.4.2024, this Court in LPA no.541 of 2021 found no

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Patna High Court CWJC No.5566 of 2026(2) dt.21-04-2026 3/3

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infirmity in the order of the learned Single Judge and accordingly LPA no.541 of 2021 was dismissed.

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The earlier writ application (CWJC no.948 of 2021) having been allowed by this Court in the terms as quoted herein above and the appeal preferred by the State of Bihar having been dismissed, in the opinion of the Court, the respondents had to comply with the order passed in the writ application or the petitioner had to file a contempt application against the same. The instant application would not be maintainable.

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The application is dismissed.

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(Partha Sarthy, J)

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Saurabh/-

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Vijay Kumar Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Kumar Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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