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2026 Supreme(Online)(Pat) 2931

PATNA HIGH COURT
MR. HARISH KUMAR, J
Saryu Prasad Chaudhary – Appellant
Versus
The State of Bihar through Principal Secretary, Ministry of HRD, Govt. of Bihar – Respondent
Civil Writ Jurisdiction Case No.1170 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Ranjit Kumar Singh
For the Respondents: Mr. Prashant Pratap, GP-2, Mr. Ajit Kumar Jha, AC to GP-2

A writ petition directs timely resolution of a pending claim for third MACP benefits by the District Education Officer, mandating compliance with government notifications.

Headnote:The judgment addresses the petitioner's entitlement to the third MACP, as per notification dated 14.07.2010 under the Modified ACP Scheme 2010. The petitioner approached the court after no decision was made by the District Education Officer regarding their claim. The court directed the authority to resolve the issue within ten weeks, ensuring necessary benefits are accorded if the claim is valid.

Table of Content
1. claim for third macp benefits. (Para 2 , 3)
2. advocate's submission on pending decision. (Para 4)
3. court's directive for claim consideration. (Para 5 , 6)

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 29-01-2026 Heard the parties.

2. The instant writ petition has been filed for the following reliefs:-

“i. Direct the Respondents to grant third MACP as requested to grant the benefit of third MACP from 01.01.2009 in PB 3 Grade Pay 6600 as per the department lay down and Notification ३ए-2- वे-पु.-18/2009-7566 ददनांक 14.07.2010 of Modified ACP Scheme 2010, Finance Department, Government of Bihar.

ii. Direct Respondent to review and reassess the irregularities adopted in the grant of second and third MACP and correct the same.

iii. Certify and transmit the entire records and papers pertaining to the applicant's case so that after causes shown there of considerable justice may be done unto the applicant by way of grant of reliefs as prayed for in (i) and (ii) above.

iv. Any further order/orders and/or direction or directions as to your Lordships may deem fit and proper.”

3. Learned Advocate for the petitioner submitted that despite the fact the petitioner is entitled to get the benefit of 3rd MACP w.e.f. 01.01.2009 in PB 3 Grade Pay 6600/- in terms with the notification issued by the Government as also the Modified ACP Scheme 2010, he has not been extended such monetary benefits compelling him to approach this Court. For redressal of his grievance, the petitioner has also approached before the District Education Officer, Patna by filing a detailed representation on 26.03.2025 and further on 26.05.2025, the copies of which have been duly received by the office of the concerned respondent, but till date no decision has been taken.

4. Learned Advocate for the State fairly submitted that the petitioner has already approached before the competent authority who shall consider his claim and pass an appropriate order.

5. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that the representation of the petitioner for extending the benefit of 3rd MACP is pending consideration before the District Education Officer, Patna, the present writ petition stands disposed off with a direction to the respondent no.2 to consider the claim of the petitioner as raised in his representation (Annexures-P-2 and P-3), preferably within a period of ten weeks from the date of receipt/production of a copy of this order.

6. Suffice it to observe that in case the claim of the petitioner finds favor, necessary consequential monetary benefit must be accorded to him, in accordance with law.

7. This disposes the writ petition.

(Harish Kumar, J)

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