IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.811 of 2017 ======================================================

1.1. Kumari Arpana Wife of Late Rangesh Kumar Niral, Resident of Road Number 7, Neal Ramdev Mandir, Kankarbagh, Ashok Nagar, P.O. - Ashok Nagar, Distt. - Patna, Bihar - 800020.

2. Vijay Kumar son of Rajendra Prasad resident of village - Bharatpur, P.O. -

Bharatpur, P.S. - Dulhinbazar, District - Patna Bihar.

3. Narayan Prasad Gupta son of Gyandhari Sao resident of village - Jalgobind, P.O. - Achuarah, P.S. - Barh, District - Patna Bihar.

4. Dev Nandan Prasad son of Yadu Nandan Prasad resident of village - Bhika Chak, P.O. - Anishabad, P.S. - Gardanibagh, District - Patna Bihar.

5. Dilip Kumar son of Shambhu Nath Singh resident of mohalla - B.V. College, Old Ware Tank, P.O. - B.V. College, P.S. - Airport, District - Patna Bihar.

6. Anita Kumari wife of Shri Anil Kumar resident of village - Daroga Kuwan, P.O. - Hilsa, P.S. - Hilsa, District - Nalanda Bihar.

7. Kalyani daughter of Sri Suresh Prasad resident of Satyadeep Bhawan, Jai Mahavir Colony, Mahendru, P.O. - Mahendru, P.S. - Sultanganj, District -

Patna Bihar.

8. Jitendra Kumar son of Shree Suresh Prasad Gupta resident of Mohalla -

Phulwarisharif Chauraha, P.O. - Phulwarisharif, P.S. - Phulwarisharif, District - Patna Bihar.

9. Rakesh Ranjan Jha son of Late Bishwa Nath Jha resident of village - Bhatra Ghat, P.O. - Bhatra Ghat, P.S. - Bisfi, District - Madhubani Bihar.

10. Satyendra Sharma son of Shree Ramashish Thakur resident of mohalla -

Adarsh Vihar Colony, Rukunpura, Jagdeopath, P.O. - B.V. College, P.S. -

Rupaspur, District - Patna Bihar.

11. Munna Kumar son of Kishori Mohan resident of mohalla - Rahmatganj, P.O.

- Masaruhi, P.S. - Masaurhi, District - Patna Bihar.

12. Kumari Shail Sudha daughter of Shree Yugal Kishore resident of village -

Ashiapore, P.O. - Malikpur, P.S. - Karai Parsurai, District - Nalanda Bihar.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Principal Secretary, General Administrative Department, Government of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The District Magistrate, Patna, District - Patna Bihar.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Raju Giri, Senior Advocate Mr. Harsh Vardhan, Advocate Mr. Harsh Raj, Advocate Mr. Chetan Anand, Advocate For the Respondent/s : Mr. Sheoshankar Prasad-SC8 Mr. Anil Kumar AC to SC-8 Mr. Sanjay Kumar AC to SC-8 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI C.A.V. JUDGMENT Date : 24-02-2026 The petitioners were appointed as Assistant-cum-

Typist under various establishments of the State Government in the year 2003-06.

2. It is not in dispute that at the time of filing of the writ petition all the petitioners were posted as Upper Division Clerks. It would not be out of place to mention here that petitioner No.1 died during the pendency of the writ petition and she was substituted by his widow-Kumari Arpana vide order dated 05.08.2025.

3. The petitioners have invoked the constitutional writ jurisdiction of this Court under Article 226 of the Constitution of India for the following reliefs:-

“i. To issue an appropriate writ /

order /direction, in the nature of certiorari for quashing the Order dated 16.10.2014 passed by the District Magistrate, Patna as contained in Memo No.2796 dated 17.10.2014 by which in regard to Petitioners Nos. 2, 3, 9 & 12 lower grade pay of Rs.2,800/- instead of Rs.4.200/- (pay band of Rs.9,300/- to Rs.34,800/-) has been granted as 1 Modified Assured Career Progression (M.A.C.P.) as contained in Annexure-14.

ii. To issue an appropriate writ/order/direction, in the nature of mandamus commanding the Respondents to grant Rs. 4.200/- grade pay (pay band of Rs.9.300/- to Rs.34,800/-) to 131 the Petitioners as M.A.C.P., which is the next consecutive grade pay as per the Cadre Rules of the Petitioners