Patna High Court
Dashrath Prasad Singh vs The State Of Bihar on 27 March, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4620 of 2025
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1. Dashrath Prasad Singh S/o- Late Ramadhar Singh, R/o- village- Lahang
Dumariya, P.S.- Bihiya, District- Bhojpur.
2. Md. Samsuddin Rajak, S/o- Late Md. Aziz, R/o- Lohiya Path, P.S.-
Rupaspur, District- Patna.
3. Ashok Kumar Tiwari, S/o- Satya Narayan Tiwari, R/o- Maa Tempal,
Patadhi, P.S.- Bari, District- Rohtas, Sasaram.
4. Ranjeet Rajak, S/o- Shyam Narayan Rajak, R/o- Village- Narauli, P.S.-
Salimpur, District- Patna.
5. Arun Kumar Singh, S/o- Late Ram Swaroop Singh, R/o- Village-
Khetalpura, P.S.-Sare, District- Nalanda.
6. Suresh Yadav, S/o- Late Harihar Yadav, R/o- Village- Rupuchak Bisaha,
P.S.-Pathargama, District- Godda (Jharkhand).
7. Kapildev Mandal, S/o- Basudev Mandal, R/o- Siz Dilarpur, P.S.- Manihari,
District- Katihar.
8. Ravishankar, S/o- Raj Kishore Singh, R/o- Village- Lohiya Nagar, P.S.-
Lohiya Nagar (Town), District- Begusarai.
9. Umesh Sharma, S/o- Late Dev Nandan Singh, R/o- Village- Nonhi, P.S.-
Kako, District- Jehanabad.
10. Bimal Ram, S/o- Mahanand Ram, R/o- Village- Baruna, P.S.- Narayanpur,
District- Bhojpur (Arrah).
11. Umesh Yadav, S/o- Late Akalu Yadav, R/o- Village- Mahadev Bigha, P.S.-
Warsiliganj, District- Nawada.
12. Birendra Kumar, S/o- Mundrika Singh, R/o- Village- Dumri, P.S.- Ghoshi,
District-Jehanabad.
13. Murari Kumar Dubey, S/o- Late Sita Ram Dubey, R/o- Village- Mahachak,
P.S.- Atri, District- Gaya.
14. Awadh Bihari Singh, S/o- Kedar Singh, R/o- Village- Dumariya, P.S.- Tarari,
District-Bhojpur.
15. Arun Kumar, S/o- Late Ram Krishna Chaudhary, R/o- Village- Rahimpur,
Pachkhutti, P.S.- Mufassil (Khagaria), District- Khagaria.
16. Prayag Prasad, S/o- Ragho Prasad, R/o- Village- Budhaul, P.S.- Bodh Gaya,
District- Gaya.
17. Rakesh Kumar Nirala, S/o- Kameshwar Yadav, R/o- Village- Meghipur, P.S.-
Pakri Barawaon, District- Nawada.
18. Umesh Mandal, S/o- Mukhlal Prasad, R/o- Village- Uman Bigha, P.S.-
Wajirganj, District- Gaya.
19. Jayram Sharma, S/o- Late Ram Padarth Sharma, R/o- Village- Govindpur,
P.S.- Ghoshi, District- Jehanabad.
20. Kameshwar Ram, S/o- Jugal Ram, R/o- Village- Nasej, P.S.- Kudra, District-
Bhabhua (Kaimur).
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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21. Birsai Gorai, S/o- Dinbandhu Gorai, R/o- Village- Chitodih, P.S.- Bundu,
District- Ranchi (Jharkhand).
22. Kishor Kumar Goswami, S/o- Jaga Bandhu Goswami, R/o- Village- Ketari
Bagan Road No.-8, P.S.- Namkum, District- Ranchi, (Jharkhand).
23. Sanjay Kumar Singh, S/o- Late Sidheshwar Singh, R/o- Village- Daulatpur
Dih, P.S.- Gaurichak, District- Patna.
24. Janak Ram, S/o- Thakur Ram, R/o- Village- Saraiya, P.S.- Husainganj,
District-Siwan.
25. Akhilesh Kumar Yadav, S/o- Subhash Singh, R/o- Village- Shahbazpur, P.S.-
Shakurabad, District- Jehanabad.
26. Rakesh Kumar Singh, S/o- Late Rajnandan Singh, R/o- Village- Walidad,
P.S.- Mehandiya, District-Arwal (Jehanabad).
27. Sachidanand Singh, S/o- Late Banarsi Singh, R/o- Village- Naya Tola,
Harnahiya, P.S.-Bakhtiyarpur, District- Patna.
28. Bhagrashan Ram, S/o- Tapasi Ram, R/o- Village- Lakshumanwan,
Ahirauliya, P.S.-Ramgadhva, District- East Champaran (Motihari).
29. Kauleshwar Ram, S/o- Banshi Ram, R/o- Village- Deokuli, P.S.- Ichack,
District-Hazaribagh (Jharkhand).
30. Ramashrya Prasad, S/o- Late Harihar Singh, Village Manjhauli, P.S.-
Wazirganj, District- Gaya.
31. Ram Bahadur Ram, S/o- Dharichhan Ram, R/o- Village- Rashid Chak, P.S.-
Husainganj, District- Siwan.
32. Dineshwar Manjhi, S/o- Radhe Manjhi, R/o- Barki Dhawari, P.S.-
Sahajitpur, District-Saran (Chapra).
33. Roshan Lal Mahto, S/o- Late Ishwar Mahto, R/o- Village- Chatra, P.S.-
Tatisilwe, District- Ranchi (Jharkhand).
34. Vishwanath Choudhary, S/o- Late Rajendra Prasad Choudhary, R/o- Mitha
Kuan, Dhanaut Colony, Vikash Nagar, P.S.- Rupaspur, District- Patna.
35. Sunil Kumar Singh, S/o- Hardeep Singh, R/o- Kobil, P.S.- Islampur,
District- Nalanda.
36. Sanjay Sharma, S/o- Late Satish Chandra Sharma, R/o- Village- Bhori, P.S.-
Tekari, District- Gaya.
37. Shankar Prasad Singh, S/o- Late Baleshwar Prasad Singh, R/o- Village-
Barki Beri, P.S.- Mohiuddinnagar, District- Samastipur.
38. Manokamna Singh, S/o- Late Raj Dev Singh, R/o- Village- Bajitpur, P.S.-
Marhaura, District- Saran (Chapra).
39. Md. Toufik Alam, S/o- Late Abdul Rahim, R/o- Village- Baida, Ward No.-
09, P.S.-Amdabad, District- Katihar.
40. Kamta Singh, S/o- Brij Bihari Singh, At present R/o- 343, Vinoba Path, St.
Vinoba High School, Keshari Nagar, Phulwari, P.S.-Phulwari, District-
Patna.
41. Rajiv Kumar, S/o- Chandradeo Singh, R/o- Village- Pitamberpur, P.S.-
Ghoshi, District- Jehanabad.
42. Ranjeet Kumar, S/o- Krishn Dev Prasad, R/o- Village- Kharjamma, Maghra,
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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P.S.- Dipnagar, District- Nalanda.
43. Raj Kumar, S/o- Dalsigar Ram, R/o- Village- Dayalpur, P.S.- Alinagar,
District-Chandauli (U.P.).
44. Rambahadur Ray, S/o- Late Ramadhar Ray, R/o- Village- Rewatiya, P.S.-
Murar, District-Buxar.
45. Ram Charan Singh, S/o- Late Banke Bihari, R/o- Village- Kunda Khurd,
P.S.- Mugalsarai, District- Chandauli (U.P.).
46. Satyendra Dubey, S/o- Late Ram Jabit Dubey, R/o- Village- Unwans, P.S.-
Itarhi, District- Buxar.
47. Rajiv Kumar Ranjan, S/o- Late Kamleshwari Prasad, R/o- Village-
Badlachak, P.S.- Belhar, District- Banka.
48. Anil Kumar Singh, S/o- Late Ram Byas Singh, R/o- Village- Emilia, P.S.-
Ramgarh, District- Bhabhua (Kaimur).
49. Ajay Kumar, S/o- Jawahar Prasad, R/o- Village- Nimej, P.S.- Brahampur,
District- Buxar.
50. Md. Hadish Khan, S/o- Kamrujama Khan, R/o- Village and P.S.-
Bikramganj, District-Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna.
2. The Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Road,
Patna.
3. The Director General of Police, Bihar Special Arms Police (BSAP), Patna.
4. The Inspector General of Police, B.S.A.P, Bihar, Patna.
5. The Deputy Inspector General of Police B.S.A.P. (Central Range), Patna.
6. The Deputy Inspector General of Police B.S.A.P. (Northern Range),
Muzaffarpur.
7. The Commandant, Bihar Special Arms Police-03, Gaya.
8. The Commandant, Bihar Special Arms Police-04, Dumraon.
9. The Commandant, Bihar Special Arms Police-05, Patna.
10. The Commandant, Bihar Special Arms Police-07, Katihar.
11. The Commandant, Bihar Special Arms Police-08, Begusarai.
12. The Commandant, Bihar Special Arms Police-10, Patna.
13. The Commandant, Bihar Special Arms Police-11, Jamui.
14. The Commandant, Bihar Special Arms Police-12, Supaul.
15. The Commandant, Bihar Special Arms Police-13, Darbhanga.
16. The Commandant, Bihar Special Arms Police-14, Patna.
17. The Commandant, Bihar Special Arms Police-15, Supaul.
18. The Commandant, Bihar Special Arms Police-17, Gaya.
19. The Commandant, Bihar Special Arms Police-18, Dumraon.
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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20. The Commandant, Bihar Special Arms Police-19, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Thakur, Advocate
For the Respondent/s : Mr. Raghwendra Kumar, SC-22
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 27-03-2025
Heard Mr. Mukesh Kumar Thakur, learned
Advocate for the petitioners and Mr. Raghwendra Kumar,
learned Standing Counsel No. 22 for the State.
2. The petitioners, before this Court, are the
constables working under the Bihar Military Police, have
approached this Court for the following reliefs:-
I. For direction upon the respondent
authorities to implement the
judgment/order dated 26.04.2024
passed in LPA No.-458/2021 (arising
out of CWJC No.-1744/2020) by the
Division Bench of this Hon'ble Court
in respect of the petitioners of the
present writ application also as they
are similarly situated to the
appellants/petitioners of LPA No.-
458/2021 and extend them all
consequential benefits i.e. refund of
recovered amounts, if any and restore
the pay-fixation in the light of the facts
that the petitioners were/are entitled
to 1st ACP in the scale of Rs.4000-
6000/- which was already allowed to
them by the respondents.
II. To hold that petitioners are covered
by the judgment/order dated
26.04.2024
passed by the Division
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
Bench of this Hon'ble Court in LPA
No.-458/2021 and therefore, as per
Clause-4.C (1) of the Bihar
Litigation Policy, 2011 issued under
resolution dated 31.03.2011 by the
State Govt. they are also entitled to be
given the same and similar benefits as
has been given to the
appellants/petitioners of LPA No.-
458/2021 and any discrimination with
the petitioners would amount to
violation/breach of the Bihar
Litigation Policy, 2011 by the
respondent authorities. amount to
III. For any other relief/reliefs to
which the petitioners are entitled to in
the facts and circumstances of this
case.
3. Learned Advocate for the petitioners has
contended that the inaction of the respondents in not extending
the identical benefits as has been accorded to other similarly
circumstanced clearly transgresses Article 14 of the Constitution
of India; moreover, 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.
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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 ensured in their favour on
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 Advocate further contended that the
identical issue to that of the petitioners has traveled to the
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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
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
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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
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 1st 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
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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
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
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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
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
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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
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
Patna High Court CWJC No.4620 of 2025 dt.27-03-2025
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.
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. 2 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 stands allowed to the extent
indicated hereinabove.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025
Transmission Date NA
