Patna High Court
Vinod Kumar Singh vs The State Of Bihar on 10 February, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25007 of 2019
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1. Vinod Kumar Singh, Son of Late Rajdev Singh, Resident of Village and
P.O.- Chaura, P.S.- Narhi, District- Baliya, Uttar Pradesh, Pin Code-277502.
2. Gopal Singh, Son of Late Late Darbari Singh, Resident of Village-
Chandaulikhudra, P.O.- Sadalpur, P.S.- Alinagar, District- Chandauli (U.P.),
Pin Code-232101.
3. Pramod Kumar Singh, Son of Raja Ram Singh, Resident of Village and P.O.-
Kowil, P.S.- Islampur, District- Nalanda, Pin Code-801303
4. Mahakant Jha, Son of Late Harideo Singh, Resident of Village and P.O.-
Simari Bhaya Arerhat, P.S.- Viski, District- Madhubani, Pin Code-847325
5. Chandra Bhushan Kumar Singh, Son of Late Prabhunath Singh, Resident of
Village- Bajitpur, P.O.- Gopalpur, P.S.- Nayagaon, District-Saran, Pin Code-
841217.
6. Santosh Kumar Singh, Son of Late Parshuram Singh, Resident of Village-
Dewariya, P.O.- Bhitti, P.S.- Mohaniya, District- Kaimur (Bhabhua), Pin
Code-821109
7. Rajendra Prasad Singh, Son of Late Suneshwar Singh, Resident of Village-
Bagsanda, P.O.- Kumariya, P.S.- Tarari, District- Bhojpur (Ara), Pin Code-
802209.
8. Ghanshyam Narayan Singh, Son of Late Harshit Narayan Singh, Resident of
Village and P.O.- Dachhinichak, P.S.- Athmal Gola, District- Patna, Pin
Code-803211
9. Arun Kumar, Son of Hari Prasad, Resident of Village- Begamaki Hawelil,
P.O.- Jhauganj, P.S.- Khajkela, District-Patna, Pin Code-800008
10. Ramashish Rai, Son of Late Prashidh Rai Resident of Village-Hariyo, P.O.
and P.S.-Akar Nagar, District-Bhagalpur, Pin Code-812001
11. Bhirgunath Singh, Son of Late Sabhapati Singh, Resident of Village and
P.O.- Kumna, P.S.- Kopa, District- Chapra, Pin Code-841214
12. Chandraketu Prasad, Son of Late Karamchand Singh, Resident of Village-
Kewal Bigha Bathan (PLI), P.O.- Shamir Nakya, P.S.- Rampur, District-
Gaya, Pin Code-804403.
13. Murli Manohar, Son of Late Mahavir Prasad Yadav, Resident of Village-
Porwariya-Tilwariya, P.O.- Haweli Kharagpur, P.S.- Haweli Kharagpur,
District- Munger, Pin Code-811213
14. Sanjay Kumar Singh, Son of Sitaram Singh, Resident of and P.O.- Dharhar
Mela, P.S.- Kararia, District- Gopalganj, Pin Code-841428.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home (Police)
Department, Bihar, Patna.
2. Principal Secretary, Finance Department, Bihar Patna
3. Director General of Police, Bihar, Patna.
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
2/10
4. Director General of Police, Bihar Military Police, Bihar, Patna.
5. Commandant, Bihar Military Police-5, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Advocate
Mr. Shubham Priyadarshi, Advocate
For the Respondent/s : Mr. Dhurendra Kumar, AC to GP- 5
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 10-02-2025
Heard Mr. Abhinav Srivastava, learned Senior
Advocate for the petitioners and Mr. Dhurendra Kumar, learned
Advocate for the State.
2. The petitioners, before this Court, are the
constables working under the Bihar Military Police, have
approached this Court on being aggrieved with the order dated
18.10.2019
issued by the Director General of Police, Military
Police, Bihar, Patna whereby the representation of the
petitioners filed pursuant to the order dated 26.06.2019, passed
in C.W.J.C. No. 12441 of 2019, as modified by order dated
16.07.2019 came to be negated and further directed that the
petitioners be extended the benefit of financial progression
under the Assured Career Progression Scheme in the pay scale
of Rs.3200-4900/- in place of Rs.4000-6000/-. The petitioners
also sought a declaration from this Court to hold that they are
entitled for payment of salary as per the Pay fixation done by the
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
concerned authorities on the basis of 1st Financial Progression,
having been extended in their favour in the pay scale of
Rs.4000-6000/- and further the benefit of financial progression
as have been extended in their favour, on the basis of their
merger in the matriculate/literate cadre of constables under
Bihar Military Police.
3. Learned Senior Advocate for the petitioners has
contended that the impugned order completely lacks the
application of mind, inasmuch, as the petitioners, among other
similarly situated persons, have been included into the cadre of
literate constables under Bihar Military Police by a conscious
decision taken by the concerned authorities to Military Police
Standing Order No.74/1999 dated 05.03.1999 and, as such, the
action on their part in treating the petitioners to be the members
of non-matriculate cadre constables of Bihar Military Police for
the purpose of extending them benefit of financial progression
under the ACP scheme is clearly untenable.
4. It is further contended that, nonetheless, the
present petitioners, on the basis of instructions issued by the
concerned authorities, had given consent for being granted
promotions against the post of Havildars in Bihar Military
Police, no financial benefits had enured in their favour on
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
account of such promotion and, as such, it was a promotion in
terms of rank; furthermore, at the time of granting the said
promotions, the concerned respondent authorities had not made
a disclosure that upon grant of said promotions against the post
of Havildars, the present petitioners would be subjected to
reduction of their salaries and accordingly the benefits extended
in their favour under the Assured Career Progression Scheme
while treating them to be the members of literate cadre Bihar
Military Police would be withdrawn.
5. The action on the part of the concerned
respondent authorities in seeking to recall the benefits of 1 st
Financial Progression Scheme in the pay scale of Rs.4000-
6000/- to the pay scale of Rs.3200-4900/- is highly arbitrary,
unreasonable, apart from violative of Articles 14, 16 and 21 of
the Constitution of India.
6. Referring to the facts enumerated in the writ
petition, learned Senior Advocate further contended that the
identical issue to that of the petitioners has traveled to the
learned Division Bench of this Court in the case of Srikant
Dubey @ Shri Kant Dubey and Others v. The State of Bihar
and Others (L.P.A. No. 458 of 2021), wherein the similarly
situated constables on being aggrieved by the order of the
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
learned Single Judge, had preferred the appeal, when the
recoveries have been sought for from their salaries and pensionary
benefits on account of wrong fixation of 1 st and 2nd ACPs. The
learned Division Bench while allowing the Letters Patent Appeal
directed the concerned respondents to refund the recovered
amounts, if any, to the respective appellants within a period of
three months and also directed to restore the pay-fixation in the
light of the fact that the appellants are entitled to 1 st ACP in the
year 2002-2003. It was further directed to proceed to re-fix their
pay scale and pension and upon calculation of the difference of
amount disburse the same within a period of four months.
7. For proper appreciation of the matter, this Court
deems it apt to encapsulate the relevant paragraphs of the
judgment/order dated 26.04.2024 of the learned Division Bench
passed in L.P.A. No. 458 of 2021.
"6. The appellants were appointed
as Writer Constables during the period from
1986-1993. Pursuant to ACP Scheme, they have
been extended 1st ACP benefit in the year 2002-
2003 with reference to Assistant Sub Inspector
cadre, which is promotional cadre to the Writer
Constables. Thereafter, policy decision of the
department was introduced insofar as seeking
option from the Writer Constables and Ordinary
Constables to the extent whether Writer
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
Constable intends to opt for Ordinary Constable
or Ordinary Constable intends to opt Writer
Constable subject to the fulfillment of
qualification of Matriculation. The appellants
have not exercised their option, resultantly, they
would be treated as Ordinary Constables.
7. It is to be noted that the
aforementioned policy decision of asking the
Writer Constable and Ordinary Constable to opt
for a particular category in the year 2004 was
subsequent to the grant of 1st ACP in the year
2002-2003. In other words, with reference to
status of the appellants that they were in the cadre
of Writer Constable, their names have been
considered for the purpose of granting 1 st ACP
with reference to Assistant Sub Inspector cadre
(promotional cadre) from the post of Writer
Constable. At this stage, it is necessary to
reproduce paragraph- 661 of the Bihar Police
Manual 1978 and it reads as under:
"661. (a) Classes of Constables.-
Constables shall be distinguished as (i)
Writer Constables, and (ii) Ordinary
Constables. Those constables who are at least
matriculates and have qualified at the
competitive examination for promotion to the
rank of Assistant Sub-Inspector as per rule
685 shall be known as Writer Constables
whose duties will solely be those of a station
writer at police-stations and will not be given
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
out door work. He will perform office duties
and conduct routine business of the police-
station in the absence of the Sub-Inspectors
and Assistant Sub- Inspectors for which he
shall get an allowance of at least Rs.7 per
month.
The strength of such posts in a district for
allowance shall be equal to the number of
police-stations in a district plus leave and
training reserve. Certain number of posts are
sanctioned for Criminal Investigation
Department and Intelligence Department also
for office duties.
(b) By whom appointed- Constables shall be
appointed by district Superintendent of
Police for which a list will be prepared by the
selection Board duly constituted for the
purpose.
(c) No direct recruitment shall be made in
Railways, Criminal Investigation
Department, Intelligence Department and in
the ranks of experts such as motor drivers
and armourers (For the period of probation,
see Rule 668)."
8. Reading of the aforementioned
paragraph-661 read with the fact that the
appellants were appointed in the year 1986-1993
with Matriculation qualification and they deemed
to be Writer Constable in the light of the
aforementioned provisions. Therefore, it is not
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
appropriate for the official respondents to
withdraw the 1st ACP granted in the year 2002-
2003 in the light of later policy decision in the
year 2004 insofar as seeking option to Writer
Constable or Ordinary Constable. In other words
as on 2002-2003, the appellants have fulfilled
relevant criteria for the purpose of claiming ACP
benefit and it was already granted. Therefore,
irrespective of exercising option by the appellants
either to Writer or Ordinary Constable and they
may be retained in the Ordinary Constable in not
exercising option with reference to the year 2004
that would not be hurdle insofar as extending 1 st
ACP benefit in the year 2002-2003. These
material information have not been taken note of
by the learned Single Judge while deciding the
appellants' writ petition.
9. In the light of the decision of the
Hon'ble Supreme Court in the case of Amresh
Kumar Singh & Ors. vs. The State of Bihar &
Ors., reported in 2023(2) PLJR (SC) 423, for
claiming ACP benefit, employee need not fulfill
the eligibility criteria for promotion to the next
higher cadre. In other words, if an employee is
stagnated in a particular cadre for 12 and 24
years. Therefore, the official respondents
insisting that appellants have not passed certain
prescribed examination for promotion would not
be a hurdle. Further, we have noticed that from
the year 1993 to 2003, the official respondents
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
have not undertaken to conduct departmental
examination so as to enable the appellants and
similarly situated persons to participate in the
process of departmental examination and get
eligibility. Therefore, there is fault on the part of
the official respondents in not conducting
departmental examination timely. Acquisitioning
of qualification like pass in departmental
examination by the Appellants was beyond their
control. This issue would not be hurdle for the
purpose of extending 1st ACP to the appellants in
the light of the cited decision.
10. In view of the above
circumstances, the appellants have made out a
case. Accordingly, the present L.P.A. stands
allowed. The orders of the learned Single Judge
dated 16.04.2021 passed in C.W.J.C. No.6910 of
2020 and analogous cases stands set aside and
C.W.J.C. No.1744 of 2020 filed by the appellants
are allowed."
8. At this juncture, learned Advocate for the State
submitted that the case of the petitioners are required to be
considered in the light of the decision of the learned Division
Bench of this Court and if the respondent authorities shall find
that the case of the petitioners is at par with the appellants of the
aforenoted L.P.A. No. 458 of 2021, similar relief shall be
granted to them.
Patna High Court CWJC No.25007 of 2019 dt.10-02-2025
9. Having heard the submissions advanced on
behalf of the respective parties and taking note of the facts that
the case of the petitioners, prima facie, is based on parity, this
Court directs the respondent nos. 3 to consider the claim of the
petitioners and on being found favour, extend the benefit of
admissible pay scale in the light of the decisions rendered by the
learned Division Bench of this Court in L.P.A. No. 458 of 2021
preferably within a period of eight weeks from the date of
receipt/production of a copy of this order, in accordance with
law.
10. The writ petition stand allowed to the extent
indicated above.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.02.2025
Transmission Date NA
