Patna High Court
Pannalal Roy (Retd. Hawaldar) vs The State Of Bihar on 17 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8629 of 2024
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1. Mostt. Maya Devi Wife of Late Bindeshwari Mehra (Retd. Hawaldar)
Resident of Village- Yogiraj Nurullapur @Jogirar P.O.- Naya Tola, P.S.-
Puraini, Dist.- Madhepura.
2. Sri Hari Narayan Yadav (Retd. Hawaldar) Son of Saini Yadav Resident Of
village and P.O.- Beharai, P.S.- Singheshwar, Dist.- Madhepura.
3. Laxmi Paswan (Retd. Sub Inspector) Son of Bachhi Paswan Resident of
Village- Madarganj, Ward No.-14 P.O and P.S.-Simraha, Dist.- Araria.
... ... Petitioner/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.
4. The Inspector General of Police, Budget/Appeal/Welfare, Patel Bhawan,
Bailey Road, Patna, Bihar.
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, Patel Bhawan, Bailey Road, Patna, Bihar.
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. The Commandant, Bihar Military Police- 4, Dumraon, Buxar.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8673 of 2024
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1. Pannalal Roy (Retd. Hawaldar) Son of Bulaki Roy Resident of village-
Nardiganj, P.O.- Madhomil, P.S.- Malsalami, District - Patna. Permanent
resident of Village-Rustampur, P.S. Raghopur, District-Vaishali.
2. Sanjivan Prasad (Retd. Hawaldar) Son of Ramprit Prasad Resident of
village- Beladih near hospital, P.O. and P.S.- Belaganj District- Gaya.
3. Veer Singh Mahto (Retd. Hawaldar) Son of Yogeshwar Mahto, Resident of
village Domandih P.O.-Tutkinawadih, P.S.- Silli, District Ranchi
(Jharkhand).
4. Daniel Masih (Retd. Hawaldar) Son of William Masih Resident of village
Patna High Court CWJC No.8629 of 2024 dt.17-02-2025
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Bastipur Triveni lane, P.O. Manikpur, P.S.- Indrapuri, District Rohtas.
5. Ful chand Ram (Retd. Hawaldar) Son of Shanker Ram, Resident of village
Mukundpur, P.O.- Manoharpur, P.S. Rajpur, District Buxar.
6. Dharmraj Singh (Retd. Hawaldar) Son of Jamadar Singh, Resident of village
purana cable town, Quarter No.- M/ 4- 112Main road PO and PS - Gol muri,
District East Singhbhum (Jharkhand).
7. Uday Shankar Singh (Retd. A.S.I.) Son of Shyam Bihari Singh, Resident of
village Saraiya, P.O. Saraiya, P.S. Sonepur, District- Saran.
... ... Petitioner/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.
4. The Inspector General of Police, Budget/Appeal/Welfare, Patel Bhawan,
Bailey Road, Patna, Bihar.
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, Patel Bhawan, Bailey Road, Patna, Bihar.
7. The Principal Secretary, Finance Department, Govt. of Bihar Patna.
8. The Commandant, Bihar Special Armed Police (B. S. A. P) -2, Dehri, Dist-
Sasaram.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 8629 of 2024)
For the Petitioner/s : Mr. Kumar Praveen
For the Respondent/s : Mr. Anuradha Singh
SC 21
(In Civil Writ Jurisdiction Case No. 8673 of 2024)
For the Petitioner/s : Mr. Kumar Praveen
For the Respondent/s : Mr. Anuradha Singh
SC 21
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 17-02-2025
Heard learned counsel for the petitioners and
learned counsel for the respondents-State.
Patna High Court CWJC No.8629 of 2024 dt.17-02-2025
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2. Since the common issue is involved in both the
petitions, both the writ petitions are being disposed of by a
common order.
3. Husband of the petitioner no. 1 in C.W.J.C. No.
8629 of 2024 namely Bindeshwari Mehra and the petitioner nos.
2 and 3 of the said writ petition as well as all the petitioners in
C.W.J.C. No. 8673 of 2024 were appointed to the post of
Constable in B.M.P. After completion of their services, they
stood retired from their services.
4. During their services period, they were benefited
A.C.P. applicable to them. Now, the respondents passed the
order of recovery of excess payment which has been given to
the petitioners on account of wrongly granted A.C.P. to them.
5. Learned counsel appearing in both the petitions
jointly submits that in terms of law laid down by the Hon'ble
Supreme Court in the case of State of Punjab and Others Vs.
Rafiq Masih (White Washer) and Others reported in 2015 (4)
SCC 334 recovery from the employees belonging to Class-III
and Class-IV is not permissible, in case where the excess
payment has been made for a period in excess of five years
before the order of recovery is issued. According to the
counsels, the case of the petitioners herein squarely covered
Patna High Court CWJC No.8629 of 2024 dt.17-02-2025
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with the above judgment passed by the Hon'ble Supreme Court.
6. Reliance has also been placed by the counsel to
the judgment passed by the Division Bench of this Court on
26.04.2024
in L.P.A. No. 458 of 2021 in the case of Srikant
Dubey and others Vrs. The State of Bihar and Others and also
reliance has been placed by the counsel to the judgment passed
by the Co-ordinate Bench of this Court on 02.09.2024 in the
case of Saheb Sharan Das Vrs. The State of Bihar in C.W.J.C.
No. 8062 of 2021.
7. Learned State counsel though opposed the
argument raised by the counsel for the petitioners but he fairly
admitted the fact that the case of the petitioners is also squarely
covered with the judgment passed by the Hon'ble Supreme
Court in the case of State of Punjab and Others Vs. Rafiq
Masih (White Washer) and Others reported in 2015 (4) SCC
334.
8. On the submissions made by both the counsels
and on perusal of the documents annexed with the petition, it is
quite clear that all the petitioners herein are retired Hawaldars
and after their retirement, the order of recovery of excess
payment on account of wrongly given A.C.P. has been passed.
Therefore, the case of the petitioners herein is squarely covered
Patna High Court CWJC No.8629 of 2024 dt.17-02-2025
with the above referred judgment passed by the Hon'ble
Supreme Court as well as the Division Bench and the learned
Single Judge of this Court. Accordingly, in the light of the
above, both the petitions are allowed. The order of recovery of
excess payment passed by the respondents in both the cases with
regard to the petitioners are concerned are set aside. The
respondents are hereby further directed to refund the recovered
amount, if any, to the respective petitioners within a period of 3
months from the date of receipt/production of a copy of this
order.
9. Accordingly, both the writ petitions are allowed.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 19.02.2025
Transmission Date NA
