Patna High Court
Raghubir Prasad And Ors vs The State Of Bihar And Ors on 8 December, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18439 of 2015
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1. Raghubir Prasad Son of Late Singhasan Sah Resident of village - Sisai
Bazar, P.S. Bhorey, Distt. - Gopalganj
2. Raj Narayan Tiwary Son of Chandrika Tiwari Resident of village - Bagahan,
P.S. Babu Bishunpur, P.S. Jadopur, Block - Gopalganj, District - Gopalganj
3. Yogendra Kumar Pandey Son of Sri Puja Pandey Resident of village -
Bhami Tola, P.O. Kuchaikote, P.S. Kuchaikote, Block - Kuchaikote, District
- Gopalganj
4. Manager Mishra Son of Late Kapil Dev Mishra resident of village - Puraina,
P.O. Maheshpur, P.S. Vijaipur, District - Gopalganj
5. Gena Harijan Son of Late Sukai Harijan resident of village - Puraina, P.O.
Maheshpur, P.S. Vijaipur, District - Gopalganj
6. Byas Chaudhary Son of Late Shivnandan Chaudhary Resident of village -
Haradiya, P.O. Bhorey, P.S. Bhorey, District - Gopalganj
7. Lutawan Rawat Son of Bhuwali Rawat Resident of village - Sisai, P.O.
Bhorey, P.S. Bhorey, District - Gopalganj
8. Phulmaan Miyan Son of Noor Miyan Resident of village - Damakiyan, P.O.
Bhorey, P.S. Bhorey, District - Gopalganj
9. Sudama Singh Son of Late Janki Singh Resident of village - Dumar
Narendra, P.O. Dumar Narendra, P.S. Bhorey, District - Gopalganj
10. Tribhuwan Mishra Son of Late Raghuvansh Mishra resident of village -
Puraina, P.O. Maheshpur, P.S. Vijaipur, District - Gopalganj
11. Munni Lal Bhagat Son of Late Khedan Bhagat resident of village - Puraina,
P.O. Maheshpur, P.S. Vijaipur, District - Gopalganj
12. Laxmi Kant Yadav Son of Late Satyadev Yadav Resident of village -
Vijaipur, P.O. Vijaipur, P.S. Vijaipur, District - Gopalganj
13. Bagesh Pandey Son of Sri Ramdev Pandey Resident of village - Jyotish
Tola, P.O. Dumar Narendra, P.S. Bhorey, District - Gopalganj
14. Manager Yadav Son of Ram Sagar Yadav Resident of village - Jyotish Tola,
P.O. Dumar Narendra, P.S. Bhorey, District - Gopalganj
15. Babulal Ram Son of Videshi Ram P.O. Khalwa Gaon, P.S. Khalwa Gaon,
P.S. Bhorey, District - Gopalganj
16. Hasmat Ansari Son of Asan Ansari Resident of village - Sitampur, P.O.
Ampura, P.S. Mahmadpur, District - Gopalganj
17. Rama Prasad Yadav Son of Late Bhangi Yadav Resident of village -
Siswamiyan, P.O. Siswamiyan, District - Gopalganj
18. Devnath Rawat Son of Late Yadu Rawat resident of village - Siswaniya, P.O.
Siswaniyan, P.S. Uchachakagaon, District - Gopalganj
19. Swaminath Upadhyay Son of Late Vishwanath Upadhyay Resident of
village - Saheba Chak, P.O. Siswaniyan, P.S. Mirganj, District - Gopalganj
20. Hadish Miyan Son of Late Mahmadin Miyan Resident of village -
Mohanpura, P.O. Kubauthi, P.S. Mirganj, District - Gopalganj
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
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21. Ramadhar Sah Son of Late Dhanu Sah Resident of village - Gulaura, P.O.
Khanpura, P.S. Gopalpur, District - Gopalganj
22. Lal Babu Manjhi Son of Late Jamuna Manjhi Resident of village - Bhit
Bhaikha, P.O. Gopalganj, P.S. Gopalganj, District - Gopalganj
23. Alagu Sah Son of Late Phagu Sah Resident of village - Bari Deoria, P.O.
Hathua, P.S. Hathua, District - Gopalganj
24. Paramhansh Chaubey Son of Rashideo Chaubey Resident of village -
Bharatpura, P.O. Sohagpur, P.S. Hathua, District - Gopalganj
25. Dinanath Ram Son of Late Dev Dhari Ram resident of village - Siswaniya,
P.O. Siswaniyan, P.S. Uchachakagaon, District - Gopalganj
26. Ram Bachan Yadav Son of Madhu Yadav resident of village - Jamakhiya,
P.S. Bhorey, District - Gopalganj
27. Saheb Prasad Bhagat Son of Harihar Bhagat Resident of Moharwaliya, P.O.
Musehari Bajar, P.S. Vijaipur, District - Gopalganj
28. Ramdas Bhagat Son of Late Bhirgunath Bhagat resident of village - Puraina,
P.O. Maheshpur, P.S. Vijaipur, District - Gopalganj
29. Surtanand Ram Son of Late Sudarshan Ram Resident of village - Lala Ke
Belwa, P.O. Museshari Bazar, P.S. Vijaipur, District - Gopalganj
30. Nathu Ram Son of Late Tapeshwar Ram Resident of village - Lala Ke
Belwa, P.O. Museshari Bazar, P.S. Vijaipur, District - Gopalganj
31. Sri Kishun Prasad Son of Brij Lal Prasad Resident of village - Dyara
Masluhi, P.O. Kateya, P.S. Kateya, District - Gopalganj
32. Rudal Yadav Son of Inar Yadav Resident of village - Ghatata Mela, P.S.
Kateya, District - Gopalganj
33. Tufani Ram Son of Late Sita Ram Das resident of Kutiyan, P.O. Chhitauna,
P.S. Vijaipur, District - Gopalganj
34. Rajendra Baitha Son of Hira Baitha Resident of village - Imiliya, P.O.
Dumar Narendra, P.S. Bhorey, District - Gopalganj
35. Babu Lal Ram Son of Videshi Ram resident of village - Khalwa Gaon, P.O.
Khalwagaon, P.S. Bhorey, District - Gopalganj
36. Uma Nath Rawat Son of Bimal Rawat resident of village - Taranarhawa, P.S.
Kuchaikote, District - Gopalganj
37. Nandlal Ram Son of Bhuneshwar Prasad resident of village - Jalalpur, P.O.
Methua Jalalpur, P.S. Kuchaikote, Block - Kuchaikote, District - Gopalganj
38. Banka Singh Son of Late Nakchheb Singh resident of village - Narendra
Dumar, P.O. Dumar Narendra, P.S. Bhorey, District - Gopalganj
39. Lalan Pandit Son of Late Rameshwar Pandit Resident of village - Saathi,
P.O. Sathi, P.S. Uchchakagaon, District - Gopalganj
40. Harendra Singh Son of Sri Kishun Singh resident of village - Sisai, P.O.
Safiyadad, P.S. Baijunthpur, District - Gopalganj
41. Prabhunath Sah Son of Late Sukhi Sah resident of village - Vanaduka, P.O.
Khaitya, P.S. Mahmadpur, District - Gopalganj
42. Khelari Kumhar Son of Prasuram Kumhar Resident of village - Jyotish Tola,
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
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P.O. Dumar Narendra, P.S. Bhorey, District - Gopalganj
43. Rajbali Sah Son of Majrul Sah resident of village - Bhorey, P.O. Bhorey, P.S.
Bhorey, District - Gopalganj
44. Ram Ashish Mishra Son of Late Kuawala Mishra resident of Damkhiya, P.S.
Bhorey, District - Gopalganj
45. Ram Lakhan Singh Son of Badri Singh resident of Basudewa, P.O. Bhorey,
P.S. Bhorey, District - Gopalganj
46. Devdhari Mahto Son of Late Adal Mahto resident of Khajuriya Bazartola,
P.O. Khajuria, P.S. Darauli, District - Gopalganj
47. Sakal Dev Singh Son of Late Laldevo Singh resident of village - Chhota
Vateya, P.O. Barauli, P.S. Barauli, District - Gopalganj
48. Ramayan Chaudhary Son of Late Ram Prasad Chaudhary resident of village
- Sohanria, P.O. Sohanria, P.S. Kateya, District - Gopalganj
49. Rojid Ansari Son of Habib Ansari resident of village - Banraha Baikunthpur,
P.O. Sohanria, P.S. Kateya, District - Gopalganj
50. Ramashis Prasad Son of Late Rajvansh Prasad resident of village P.O. Neuri,
P.S. Katyea, District - Gopalganj
51. Suryaman Bhagat Son of Shivdayal Bhagat resident of village - Neuri, P.O.
Neuri, P.S. Kateya, District - Gopalganj
52. Gauri Shankar Prasad Son of Late Nagina Sah resident of village - Sisai
Bazar, P.O. Sisai Bazar, P.S. Bhorey, District - Gopalganj
53. Rama Kant Prasad Son of Late Dashai Bhagat resident of Bagahan, P.O.
Babu Bishunpur, P.S. Jadopur, Block - Gopalganj, District - Gopalganj
54. Ram Prawesh Ram Son of Ranji Ram resident of village - Atwadurg, P.S.
Hathua, District - Gopalganj
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Department of Home, Government of Bihar, Patna
3. The Special Secretary, Department of Home, Government of Bihar, Patna
4. The Director General Cum Commandant General, Home Guards, Bihar,
Patna
5. The Commandant Home Guards, Bihar, Patna
6. The District Commandant Home Guards, Gopalganj
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binodanand Mishra, Advocate
For the Respondent/s : Mr. Kinkar Kumar, SC 9
Mr. Ashutosh Kumar Upadhyaya, AC to SC 9
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
CAV JUDGMENT
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
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Date : 08-12-2023
Heard Mr. Binodanand Mishra, learned counsel
for the petitioners and Mr. Kinkar Kumar, learned standing
counsel no. 9 assisted by Mr. Ashutosh Kumar Upadhyaya,
learned AC to SC 9.
2. This writ petition has been heard in detail at the
stage of admission itself and is being disposed of finally with
consent of the parties.
3. The present writ petition has been filed by the
petitioners for direction commanding the respondents to allow
the petitioners to continue in service till the age of 60 years and
pay all the consequential benefits as they are entitled in
accordance with law.
4. The petitioners were enrolled as Home Guard on
different dates which are mentioned as follows:-
S.No. Petitioners Date of
Enrollment
1 Raghubir Prasad 07.09.1976
2 Raj Narayan Tiwari 07.09.1976
3 Yogendra Kumar Pandey 07.09.1976
4 Manager Mishra 07.09.1976
5 Gena Harijan 07.09.1976
6 Byas Chaudhary 21.11.1976
7 Lutawan Rawat 02.01.1977
8 Phulmaan Miyan 02.01.1977
9 Sudama Singh 21.11.1976
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10 Tribhuwan Mishra 07.09.1976
11 Munni Lal Bhagat 07.09.1976
12 Laxmi Kant Yadav 10.09.1976
13 Bagesh Pandey 21.11.1976
14 Manager Yadav 21.11.1976
15 Babulal Ram 07.09.1976
16 Hasmat Ansari 07.09.1976
17 Rama Prasad Yadav 07.09.1976
18 Devnath Rawat 07.10.1979
19 Swaminath Upadhyay 10.09.1976
20 Hadish Miyan 10.09.1976
21 Ramadhar Sah 07.09.1976
22 Lal Babu Manjhi 21.11.1976
23 Alagu Sah 10.09.1976
24 Paramhansh Chaubey 07.10.1979
25 Dinanath Ram 04.11.1980
26 Ram Bachan Yadav 01.07.1977
27 Saheb Prasad Bhagat 07.09.1976
28 Ramdas Bhagat 07.09.1979
29 Surtanand Ram 07.19.1976
30 Nathu Ram 07.09.1976
31 Sri Kishun Prasad 07.09.1976
32 Rudal Yadav 07.09.1976
33 Tufani Ram 21.11.1976
34 Rajendra Baitha 02.01.1977
35 Babu Lal Ram 07.09.1976
36 Uma Nath Rawat 07.09.1976
37 Nandlal Ram 07.09.1976
38 Banka Singh 21.11.1976
39 Lalan Pandit 07.09.1976
40 Harendra Singh 07.09.1976
41 Prabhunath Sah 21.11.1976
42 Khelari Kumhar 07.10.1976
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43 Rajbali Sah 07.09.1976
44 Ram Ashish Mishra 01.01.1977
45 Ram Lakhan Singh 07.10.1979
46 Devdhari Mahto 07.09.1976
47 Sakal Dev Singh 07.09.1976
48 Ramayan Chaudhary 21.11.976
49 Rojid Ansari 07.09.1976
50 Ramashish Prasad 21.11.1976
51 Suryaman Bhagat 21.11.1976
52 Gauri Shankar Prasad 02.01.1977
53 Rama Kant Prasad 10.09.1976
54 Ram Prawesh Ram 07.09.1976
5. Thereafter, they have completed their training
and were discharging the duties of Home Guards to the
satisfaction of all concerned.
6. The State Government had issued a Resolution
No. 37 of 2015 issued by Special Secretary, Department of
Home where duty allowance and other benefits of the Home
Guards have been enhanced. In the said resolution it has also
been provided that the age limit for continuity of service as a
Home Guard has been increased from 58 years to 60 years w.e.f
01.04.2015
. It has further been provided that on attaining 60
years of age, the enrollment of the Home Guards would
automatically come to an end. He further submits that the
petitioners were enrolled on different dates on or after
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
07.09.1976 and on the date of enrollment their age has been said
to be 19 years, as such they would attain the age of 58 years on
or after 07.9.2015. In the meanwhile, the Government has taken
decision with respect to enhancement of age of superannuation
to 60 years w.e.f 01.04.2015 and as such the petitioners were
entitled to continue as Home Guards till September, 2017. But
the respondent authority debar the petitioners to continue Home
Guard w.e.f 31.12.2014.
7. Learned counsel for the petitioner has relied upon
the judgment / order dated 11.10.2010 passed in C.W.J.C No.
2507 of 2006 where the petitioners of the aforesaid case were
validly selected for appointment on the post of Constable under
Bihar Military Police and the respondent authority have illegally
and arbitrarily discontinued their engagement w.e.f 31.12.2014.
8. Learned counsel for the petitioner submits that in
view of the aforesaid judgments, the petitioners are entitled to
continue to be enrolled as Home Guards up to the age of 60
years and they are entitled to be extended the enhancement of
age and other benefits as per the resolution of the Department of
Home dated 03.07.2015 and 14.07.2015.
9. Learned counsel for the State submits that the date
of coming into effect of the said Regulation is wrongly
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
mentioned as 01.04.2014 in place of 01.04.2015. The date of
birth of some of the Home Guards were found to be not
matching with the date of birth as given in their Matriculation
certificate and at the time of engagement of these home guards
they were found to be less than 19 years of age, if their
matriculation certificate were taken as evidence of age. In the
circumstances some of the home guards came before this
Hon'ble Court when they were denied appointment as
Constables in Bihar Military Police on the ground of variance in
their date of birth in the training certificate and the matriculation
certificate. The Hon'ble Court in C.W.J.C No. 2507 of 2006
vide order dated 11.10.2010 directed the DG of the Home Guard
to look into the matter and to communicate the outcome of the
petitioners of that case. In compliance of the aforesaid order
dated 11.10.2010 passed in C.W.J.C No. 2507 of 2006, the DG
of Home Guard, Bihar, Patna vide memo no. 207 dated
19.01.2012 came out with an order treating the date of birth of
the home guards to be the date given by them at the time of
registration. It was further decided that as per Clause 4 (A) of
the Home Guard Rules, 1953, the candidate shall be treated to
be of 19 years of age in such cases on the first day of January of
that year of registration. In view of the said order any home
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
guard attaining the age of 58 years in a given year shall be
treated to have attained that age on the 1 st day of January of that
year and thus his engagement comes to an end on the first day
of January of that year he attains 58 years. In view of the
aforesaid resolution, the engagement of the petitioners were
automatically come to an end on the first day of January of the
year they attain 58 years of age. Any home guard who according
to their entry at the time of registration attained 58 years of age
as per the aforesaid order dated 10.01.2012 before coming into
force of the resolution as their engagement came to an end on
the first day of January itself.
10. Learned counsel for the State further relied upon
the judgment of the Hon'ble Apex Court reported in 2023
LiveLaw (SC) 708. Referring to the paragraph 17 which is as
follows;
17. Such a decision lies exclusively within
the domain of the Executive. It is for the
State to take a call as to whether the
circumstances demand that a decision be
taken to extend the age of superannuation
in respect of a set of employees or not. It
must be assumed that the State would
have weighed all the pros and cons before
arriving at any decision to grant
extension of age. As for the aspect of
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
retrospectivity of such a decision, let us
not forget, whatever may be the cut-off
date fixed by the State Government, some
employees would always be left out in the
cold. But that alone would not make the
decision bad: nor would it be a ground
for the Court to tread into matters of
policy that are best left for the State
Government to decide. The appellants
herein cannot claim a vested right to
apply the extended age of retirement to
them retrospectively and assume that by
virtue of the enhancement in age ordered
by the State at a later date, they would be
entitled to all the benefits including the
monetary benefits flowing from G.O.
dated 9th April, 2012, on the ground of
legitimate expectation.
11. And in the present case the petitioners were
disengaged from service after attaining the age of 58 years w.e.f
31.12.2014 so the petitioners cannot claim for benefit of the
resolution dated 01.04.2015 that has come after the
disengagement of the petitioners.
Patna High Court CWJC No.18439 of 2015 dt. 08-12-2023
12. In view of the aforesaid, the claim of the
petitioners cannot be sustain and the writ petition stands
dismissed.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE 04.12.2023
Uploading Date 08.12.2023
Transmission Date N/A
