IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 18031 of 2023 ======================================================

1. Abdhesh Kumar Singh Son of Late Ram Bilash Singh, Resident of Van Bihar Colony, Ward No. 2, P.O. Aashiana Nagar, P.S. Rajeev Nagar, District- Patna, the retired Assistant Engineer, Water Resources Department, Flood Control and Water Drainage Division, Kishanganj, District- Kishanganj.

2. Jitendra Kumar Bhagat, Son of Hari Prasad Bhagat, Resident of Village and P.O. Chirouri, P.S. Chausa, District- Madhepura, the retired Junior Engineer, Water Resources Department, Irrigation Division, Birpur, District- supaul.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3. The Secretary (Expenditure), Finance Department, Government of Bihar, Patna.

4. The Additional Secretary, Finance Department, Government of Bihar, Patna. 5. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

6. The Engineer-in-Chief (Headquarter), Water Resources Department, Government of Bihar, Patna.

7. The Under Secretary (Prabandhan), Water Resources Department, Government of Bihar, Patna.

8. The Superintending Engineer, Water Resources Department, Flood Control and Drainage Circle, Purnea.

9. The Superintending Engineer, Water Resources Department, Irrigation Circle, Saharsa.

10. The Executive Engineer, Water Resources Department, Flood Control and Water Drainage Division, Kishanganj, District- Kishanganj.

11. The Executive Engineer, Water Resources Department, Irrigation Division, Birpur, District- Supaul.

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

Appearance :

For the Petitioner/s : Mr.Awnish Kumar For the Respondent/s : Mr.Government Pleader (19)

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CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

CAV JUDGMENT

Date : 19-02-2026 Heard the parties.

2 The present writ petition has been filed for the following reliefs:

“(I) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 26.07.2022 passed by the respondent No 6 and contained in his Memo No 3127 dated 26.07.2022, whereby and where under after seeking the opinion of Finance Department, the respondent No 6 has been pleased to hold that since the Junior Engineers of the Water Resources Department are entitled for the pay scale of PB-3 + 5400 Grade Pay only by way of benefits of second MACP, their claim for grant of benefits of second MACP, their claim for grant of benefits of second MACP in the pay scale of PB-3 + 6600 Grade Pay is totally misconceived and, therefore, rejected.

(II) For issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 27.08.2021 issued under the signature of the respondent No 10 and contained in his Memo No 899 dated 27.08.2021, whereby and where under after modification of the petitioners’ pay scale on grant of benefits of first MACP in the pay scale of PB 3 Grade Pay 5400 which was earlier granted to the petitioners in PB3 Grade Pay 6600, direction was issued for recovery of a sum of Rs 5,32,612/- from the retirement benefits payable to the petitioner No 1 on account of his retirement on 31.01.2021.

(III) For issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 30.112021 issued under the signature of the Respondent No 10 and contained in his letter No 1162 dated 30.11.2021 addressed to the Treasury Officer, Secretariat Treasury, Irrigation Building, Patna whereby and where under direction was issued for recovery of a sum of Rs 5,32,612/- from the retirement benefits payable to the petitioner No

1.

(IV) For issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 23.02.2022 issued under the signature of the Respondent No 11 and contained in his letter No 202 dated 23.02.2022 and address