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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, J.
(27.10.2021)
CWJC No. 5 of 2021
Rabindra Kumar Jha & Ors. : Petitioners
vs.
State of Bihar & Ors. : Respondents
Service Law – Promotion – Claim for grant of M.A.C.P./ACP in accordance with policy decision of State Government – Concerned official respondent has not passed any order either in considering grievance of petitioners or rejecting grievance of petitioners in accordance with policy decision relating to M.A.C.P./ACP – If petitioners fulfil requisite conditions relating to grant of M.A.C.P./ACP in that event concerned respondent directed to extend the benefit within a period of four months from date of receipt/production of a copy of order – If petitioners do not fulfil requisite conditions for the purpose of granting M.A.C.P./ACP necessary speaking orders shall be passed. (Paras 4 and 5)
P. B. BAJANTHRI, J.:–Heard learned counsel for the petitioners and the State.
2. In the instant case, the petitioners have prayed for following reliefs:—
“For issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the respondents to grant First M.A.C.P./ACP w.e.f. 2013-2014, i.e., after completion of 10 years service in the pay scale of P.B.-02 (9300-34800) and Grade Pay 4200 and to pay the arrear as well as revised salary to the petitioner on said scale from their respective due date as the persons appointed similar to the petitioners in the other districts like Purnea, Begusarai and Kaimur etc. have been granted M.A.C.P./ACP from the due date in the said scale and further for any other appropriate relief or relieves for which the petitioners are entitled in the facts and circumstances of the instant case.”
3. The short question arises in the present petition is whether the petitioners are entitled M.A.C.P./ACP in accordance with the policy decision of the State Government or not. In this regard, the petitioners have filed representation on 28.06.2016 and the Office Order bearing Memo No. 282 dated 17.03.2017 issued by the District Magistrate, Kishanganj vide Annexure-14 & 15 respectively.
4. The concerned official respondent has not passed any order either in considering the grievance of the petitioners or rejecting the grievance of the petitioners in accordance with policy decision relating to M.A.C.P./ACP. Therefore, the concerned official respondent is hereby directed to redress grievance of the petitioners in accordance with the policy decision governing MACP/ACP.
5. If the petitioners fulfil the requisite conditions relating to grant of M.A.C.P./ACP in that event the concerned respondent is hereby directed to extend the benefit within a period of four months from the date of receipt/production of a copy of the order. In the event that the petitioners do not fulfil requisite conditions for the purpose of granting M.A.C.P./ACP necessary speaking orders shall be passed and communicated to each of the petitioners within the above stipulated time.
6. With the aforesaid observation, the writ petition stands disposed of.
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