PATNA HIGH COURT ISSUES JUDGEMENT ON SAURABH KUMAR SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 24:

The appellant has assailed the order of the learned Single Judge dated 20.03.2025 passed in CWJC No. 4253 of 2025.

2. The appellant's grievance has been turned down on certain alleged allegations. It is necessary to reproduce para 4 of the order dated 20.03.2025 and it reads as under:-

"4. Learned Counsel for the State raised preliminary objection and submits that from Annexure-P/1 of the writ petition it transpires that all pages are not in continuation. Internal page of the alleged Memo is page-7, page-14, page-26, page-27 and then final page is page-15. Counsel for the State submits that there is some interpolation in the said letter."

3. Today, learned counsel for the State on instruction submitted that there is no interpolation in the letter vide Annexure-P/1.

4. In the light of the aforementioned submission, the order of the learned Single Judge could have been set aside and remanded, however, having regard to the fact that it is a settled matter even in the absence of passing departmental examination, employee is entitled to benefit of MACP in the light of Hon'ble Supreme Court decision read with the Full Bench decision of this Court, the appellant has made out a case so as to interfere with the order of the learned Single Judge dated 20.03.2025 passed in CWJC No. 4253 of 2025, and it is set aside and so also official respondents memo no. 1 dated 18.01.2025 insofar as denial of MACP benefit is also set aside.

5. The concerned respondent is hereby directed to extend the MACP benefit to the appellant including arrears of amount within a period of four months from the date of receipt of this order.

6. Accordingly, LPA stands allowed.

7. Pending I.A., if any, stands disposed of.

8. In the alternative, if the appellant is entitled to any promotion as on the date of MACP due, he may be promoted on par with his junior and extend all service and monetary benefit within the time limit stipulated supra.

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