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2026 DAILYLAW 29578 (PAT)

Bir Sundar v. The State of Bihar

CWJC/12133/2026 · 2026-08-13

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12133 of 2026 ====================================================== Bir Sundar Son of Late Shyam Singh, Resident of Village/ Mohalla - Jagriti Vihar Colony ( Shiv Mandir) Near Mission School, P.O. Bijouli, P.S. and District - Aurangabad (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna. 2. The Additional Chief Secretary, Education Department,b Government of Bihar, Patna. 3. The Director Secondary Education, Government of Bihar, Patna. 4. The Regional Deputy Director Education Department, Magadh Division, Gaya. 5. The District Magistrate, Aurangabad. 6. The District Education Officer, Aurangabad. 7. The District Program Officer (Establishment), Education Department, Aurangabad. 8. The District Treasury Officer, Aurangabad (Bihar). 9. The Accountant General, Bihar, Veerchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate For the State : Mr. Rajnish Shandilya, AC to GA 11 For the A.G. : Mr. Dr. Anand Kumar, Advocate : Mr. Ranjan Prakash, Advocate : Ms. Pragya Kiran, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 13-08-2026 Heard learned Advocate for the petitioner and learned Advocate for the State. 2. The petitioner was appointed as a clerk in Government school long back in the year 1991 and since then he has been discharging his duty till he attained the age of superannuation on 28.02.2017. Despite having rendered Patna High Court CWJC No.12133 of 2026(2) dt.13-08-2026 2/3 satisfactory and uninterrupted service for more than 26 years, the petitioner has not been extended the benefit of 1st and 2nd A.C.P. With a further prayer for fixation of pension and grant of enhanced pension. It is specifically contended that vide letter No.165 dated 29.05.2014, the Principal Training School Tirar, Daudnagar, Aurangabad, forwarded the application of the petitioner before the respondent No.4 for extending the benefit of 1st and 2nd A.C.P. It is further contended that the petitioner had never been subjected to any departmental proceeding nor there is any impediment in extending such benefit of the Assured Career Progression scheme, however, for the reasons best known to the respondent authorities, the petitioner is deprived of 1st and 2nd A.C.P. 3. On the other hand, learned Advocate for the State prays for a short adjournment to apprise this Court with regard to the entitlement of the petitioner for benefit of 1st and 2nd A.C.P. 4. Having considered the submissions advanced by the respective parties and taking note of the materials, this Court is of the considered opinion that the claim of the petitioner ought to be considered by the Regional Deputy Director of Education, Education Department, Magadh Division, Gaya. Patna High Court CWJC No.12133 of 2026(2) dt.13-08-2026 3/3 Hence for redressal of the grievance, the petitioner is extended liberty to file a fresh representation along with a copy of the order of this Court. In case such a representation is filed, preferably within a period of four weeks from today, his claim for the 1st and 2nd A.C.P shall be considered and an appropriate order shall be passed, preferably within a further period of eight weeks. It is made clear clear that in case the claim of the petitioner finds favour, necessary monetary benefits must be extended to the petitioner. 5. With the aforesaid directions, the present writ petitioner stands disposed of. Utkarsh.k/- (Harish Kumar, J) U