Shailendra Kumar Singh v. The State of Bihar
Service law – MACP – Counting of past ad hoc/casual/seasonal service
Case brief
What is this about?
Patna High Court, single Bench (Dr. Anshuman, J., oral judgment dated 11-02-2026), dismisses Civil Writ Jurisdiction Case No.8800 of 2024 filed by Shailendra Kumar Singh against the State of Bihar through the Department of Water Resources and canal engineers at Motihari. Petitioner sought counting of past ad hoc/casual/seasonal service as Typist (09.12.1987 till regularization on 29.06.2002) for MACP benefits under the Modified Assured Career Progression Scheme Rules, 2010, plus pay-scale revision and consequential arrears. Court held the petitioner served on a 'सामययक' (intermittent, time-to-time) post and is not at par with employees covered by Finance Department Resolution No. 5376 dated 27.05.2013 (temporary service against temporary post only). Keywords: MACP, ACP, daily wage, temporary post, regularization, pay fixation, arrears, Bihar Water Resources Department.
What did the court decide?
On perusal of the pleadings and Finance Department Resolution No. 5376 dated 27.05.2013, the Court found that the petitioner was engaged on a post described as 'सामययकपद', meaning he had to work on the said post from time to time and not continuously; for this reason his service cannot be treated at par with the employees mentioned in the said Resolution No. 5376 dated 27.05.2013.