Patna High Court
Anandi Rajak vs The State Of Bihar on 6 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.288 of 2023
In
Civil Writ Jurisdiction Case No.8065 of 2020
======================================================
1. Ashok Kumar Yadav Son of Upendra Prasad Yadav, Resident of Shivpuri
Hakpara, Ward No.- 14, P.S. and District- Saharsa.
2. Bhuvneshwar Mandal Son of Nakchhedi Mandal, Resident of Village-
Narpatganj, P.S.- Narpatganj, District- Araria.
... ... Appellant/s
Versus
1. The State of Bihar Through the Principal Secretary, Home Department,
Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, having office at police Headquarter
Patel Bhawan, Baily, Road, Patna.
3. The Director General, Bihar Military Police, Bihar-cum- Chairman of the
Committee, Bihar, having office at police Headquarter Patel Bhawan, Baily,
Road, Patna.
4. The Inspector General of Police, Budget/Appeal/Welfare, Bihar, Patna,
Bihar, having office at police Headquarter Patel Bhawan, Baily, Road, Patna.
5. The Inspector General Of Police (Head Quarter), Bihar, Bihar, having office
at police Headquarter Patel Bhawan, Baily, Road, Patna.
6. The Deputy Inspector General of Police, Bihar Military Police, Central
Range, Patna.
7. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
8. The Commandant, Bihar Military Police-12, Saharsa, IRB-2, Battalion
Headquarter at Bhimnagar, Birpur, District- Supaul.
9. Rajendra Prasad Yadav Son of Mulhay Yadav, Resident of Village-
Mamlakha, P.S.- Sabaur, District- Bhagalpur.
10. Jitendra Kumar Singh Son of Ram Prakash Singh, Resident of Village-
Jagdishpur, P.S.- Konch, District- Gaya.
11. Dinesh Paswan Son of Late Dudh Raj Paswan, Resident of Village-
Vishanupur Parwa, P.S.- Murliganj, District- Madhepura.
12. Ajay Kumar Son of Late Dwarika Prasad Singh, Resident of Village- Katra,
P.S.- Bhagwan Bazar, District- Chapra.
13. Awadhesh Kumar Pandey Son of Paras Nath Pandey, Resident of Village-
Thakraha, P.S.- Thakraha, District- West Champaran.
14. Bir Bahadur Ram Son of Dinesh Singh, Resident of Village- Chhota
Sasaram, P.S. and District- Bhojpur.
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
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15. Rabindra Nath Singh Son of Dinesh Singh, Resident of Village- Chhota
Sasaram, P.S. and District- Bhojpur.
16. Ram Balak Sah Son of Bhagwat Sah, Resident of Village- Sidhap Kalan,
P.S. and District- Madhubani.
17. Krishnadeo Paswan Son of Chhedi Paswan, Resident of Village- Bishnupur
Navtol, P.S.- Murliganj, District- Madhepura.
18. Maksud Khan Son of Makbul Ahmad Khan, Resident of Ward No.-2 Maura,
P.S.- Karimuddinpur, District- Ghazipur, U.P.
19. Sheikh Salimuddin Son of Sheikh Sagir, Resident of Village- Babhanaul,
P.S.- Dawath, District- Rohtas.
20. Alok Paswan Son of Sukhu Paswan, Resident of Village and P.S.-
Nagarnausa Korari, District- Nalanda.
21. Rajesh Bhengra Son of Junas Bhengra, Resident of Sundari, Pakar Toli, P.S.-
Torpa, District- Khunti, Jharkhand.
22. Bharat Prasad Singh Son of Late Indradeo Singh, Resident of Village-
Chero, P.S.- Chero, District- Nalanda.
23. Arun Paswan Son of Shivdani Paswan, Resident of Village- Itawan, P.S.-
Barh, District- Patna.
24. Ganesh Jha Son of Gauri Kant Jha, Resident of Village- Mahishi, Ward No.
-16, P.S.- Mahishi, District- Saharsa.
25. Parmanand Chaudhary Son of Late Raghunath Chaudhary, Resident of
Village- Matiyaria, P.S.- Turkaulia, District- East Champaran.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 290 of 2023
In
Civil Writ Jurisdiction Case No.7255 of 2020
======================================================
Anandi Rajak Son of Kulo Rajak Resident of Tetarhar Nongarh, Ramgarh
Chowk, P.S. and District- Lakhisarai.
... ... Appellant/s
Versus
1. The State of Bihar Through the Principal Secretary, Home Department,
Govt. of Bihar, Patna.
2. The Director General of Police Patel Bhawan, Bailey Road, Patna, Bihar.
3. The Director General, Bihar Military Police, Patel Bhawan, Bailey Road,
Patna, Bihar-cum- Chairman of the Committee.
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
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4. The Inspector General of Police Budget/Appeal/ Welfare, Bihar, Patna.
5. The Inspector General of Police (Head Quarter) Patel Bhawan, Bailey Road,
Patna, Bihar.
6. The Deputy Inspector General of Police Bihar Military Police, Central
Range, Patna.
7. The Principal Secretary Finance Department, Govt. of Bihar, Patna.
8. Finance Department, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 288 of 2023)
For the Appellant/s : Mr. Abhay Shankar Singh, Advocate
Mr. Barun Kumar Singh, Advocate
For the Respondent/s : Mr. P.K. Verma, AAG 3
Mr. Mankeshwar Tiwari, AC to AAG 3
(In Letters Patent Appeal No. 290 of 2023)
For the Appellant/s : Mr.Abhay Shankar Singh, Advocate
For the Respondent/s : Mr. P.K. Verma, AAG 3
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 06-02-2025
Heard Sri Ravi Shankar Singh, learned counsel for the
appellants in both the appeals and Mr P.K. Verma, learned
Additional Advocate General no.3 for the respondents.
2. CWJC no.8065 of 2020 and CWJC no. 7255 of 2020
from which the instant appeals arise as also a batch of other
writ applications were disposed of by the learned Single Judge
by a common judgment dated 16.4.2021 and as such both the
appeals have been taken up and are being decided together.
3. The facts in brief are that the writ petitioners-appellants
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
were granted 1st ACP in the year 2008 and 2nd ACP between
2010-13. They were given the benefit of 1st ACP in the pay scale
of ASI and the 2nd ACP in the pay scale of SI. Subsequently the
respondents holding that the appellants were not entitled for the
same recalled the benefit of ACP granted and also passed orders
to recover the amount paid in excess to the appellants
consequent to the said grants. The same was challenged by the
appellants in CWJC no. 8065 of 2020 and CWJC no. 7255 of
2020 from which the instant two appeals arise as also other writ
applications. All the writ applications were disposed of by a
common judgment dated 16.4.2021 wherein the learned Single
Judge held the appellants to be entitled for the benefit of the 1 st
ACP on the post of Hawaldar in place of ASI and the benefit of
2nd ACP on the post of ASI in place of SI. The learned Single
Judge further held that so far as the benefit of 1st ACP is
concerned, the same shall be reduced but there shall be no
recovery of any amount paid to the appellants. With respect to
the benefit of 2nd ACP it was held that the benefit may be
recovered by the respondents in easy instalments.
4. Learned counsel for the appellants submitted that
besides the instant appeals a number of other appeals including
LPA no. 431 of 2021 (Surendra Mandal and others versus the
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
State of Bihar and others) have been filed arising out of the
common judgment dated 16.4.2021.
5. Both Shri Abhay Shankar Singh, learned counsel for
the appellants and Shri P.K. Verma, learned Additional Advocate
General no. 3 for the State submit that the instant two appeals
may be disposed of in terms of the judgment dated 18.10.2022
passed in LPA no. 431 of 2021.
6. It may be stated here that LPA no. 431 of 2021 was
allowed by order dated 18.10.2022 in the following terms:-
"5.Question for consideration is whether
recovery could be ordered by the learned Single
Judge in respect of illegally granted second
A.C.P. to the appellants or not? Extract of the
order of learned Single Judge reads as under:
"In the result, these writ applications are
partly allowed to the extent that so far as
benefit of first ACP is concerned, benefit
of first ACP should be reduced but there
shall not be any recovery of amount paid
to the petitioners. The benefit of second
ACP granted to the petitioners may be
recovered by the respondents in easy
installments and the respondents are
directed to fix entitlement of the
petitioners in the first ACP and second
ACP as constable and not literate
constable in the pay scale of Havildar
and ASI from the respective date of their
entitlements. Corrective measures may be
taken by the respondents at the earliest
preferably within a period of three
months from the date of receipt
/production of a copy of this judgment.
With the aforesaid, all these writ
applications are partly allowed and
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
disposed of in the manner indicated
above."
Underline Supplied
6. The appellants' contention is that illegal
benefit extended to the appellants cannot be
ordered to be recovered in the light of the Apex
Court's decisions in State of Panjab and Others
vs.Rafiq Masih (White Washer) and Others
reported in 2015 (1) PLJR (SC) 261 and
Thomas Daniel vs. State of Kerala and Others,
2022 Live Law (SC) 438. Paragraph No. 12 of
the State of Panjab and Others vs. Rafiq Masih
(White Washer) and Others reported in 2015 (1)
PLJR (SC) 261 reads as under:
"12. It is not possible to
postulate all situations of hardship,
which would govern employees on the
issue of recovery, where payments
have mistakenly been made by the
employer, in excess of their
entitlement. Be that as it may, based
on the decisions referred to herein
above, we may, as a ready reference,
summarise the following few
situations, wherein recoveries by the
employers, would be impermissible in
law:
(i) Recovery from employees
belonging to Class-III and Class-IV
service (or Group 'C' and Group 'D'
service).
(ii) Recovery from retired
employees, or employees who are due
to retire within one year, of the order
of recovery.
(iii) Recovery from the
employees, when the excess payment
has been made for a period in excess
of five years, before the order of
recovery is issued.
(iv) Recovery in cases where an
employee has wrongfully been
required to discharge duties of a
higher post, and has been paid
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
accordingly, even though he should
have rightfully been required to work
against an inferior post.
(v) In any other case, where the
Court arrives at the conclusion, that
recovery if made from the employee,
would be iniquitous or harsh or
arbitrary to such an extent, as would
far outweigh the equitable balance of
the employer's right to recover."
7. Even, the latest decision in the case of
Thomas Daniel vs. State of Kerala and Others,
2022 Live Law (SC) 438, Apex Court has held
that recovery cannot be ordered. Learned
counsel for the respondents cited decisions
namely High Court of Punjab and Haryana vs.
Jagdev Singh reported in (2016) 4 PLJR (SC)
78 and Syed Abdul Qadir and others vs. State of
Bihar and others reported in (2009) 3 SCC 475,
the same are not attracted in the present case. In
the light of decision passed in L.P.A. No. 270 of
2021 wherein we have considered: (1) High
Court of Punjab & Haryana Vs. Jagdev Singh
reported in 2016 (4) PLJR (SC) 78 (ii) Chandi
Prasad Uniyal and Others vs. State of
Uttrakhand and Others reported in 2012(8)
SCC417 (iii) Union of India Vs. Sri Bijoy
Kumar reported in 2022 (1) PLJR (182) with
reference to Thomas Daniel's case cited supra.
In view of these facts and circumstances, the
learned Single Judge has committed error in
ordering recovery in easy installments while re-
assigning first and second A.C.P. to the
appellant. If any amount is already recovered
from the appellant during the pendency of the
litigation, same shall be refunded to the
concerned appellant within a period of two
months from the date of receipt of this order.
8. Accordingly, L.P.A. is allowed in part."
7. In view of the facts and circumstances of the case, the
instant two appeals are also allowed in terms of the judgment
Patna High Court L.P.A No.288 of 2023 dt.06-02-2025
dated 18.10.2022 passed in LPA no. 431 or 2021.
8. The appeals stands disposed of in the above terms.
(Ashutosh Kumar, ACJ)
( Partha Sarthy, J)
Bibhash
AFR/NAFR
CAV DATE
Uploading Date 10.2.2025
Transmission Date
