Ghanshyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6110 of 2025 1.

Ghanshyam Singh Son of Late Balmiki Singh, Resident of VillageKhaira, Police Station-Piri Bazar, District-Lakhisarai, presently residing at House No. B4, Near Comand Hospital, B./M.P. 10 B.V. College, Rukanpura, P.S. Rajiv Nagar, District-Patna.

2.

Kasimuddin Khalifa, son of Late Fazlu Khalifa, Resident of VillageAurangabad Saraiya, Tilouthu, Police Station-Amghor, District-Rohtas. 3.

Arvind Kumar Singh, son of Late Mahendra Prasad Singh, Resident of Village-Alawalpur, Police Station-Gaurichak, District-Patna. 4.

Sunil Kumar, Son of Late Sukhu Singh, Resident of Village-Raghopur, Police Station-Jurawanpur, District-Vaishali. 5.

Jagadishwari Sharan Ojha, son of Sri Radha Mohan Jha, Resident of Village-Karja, Police Station-Bihiya, District-Bhojpur (Ara). 6.

Ram Vishesh Choudhary, son of Late Ramandhar Choudhary, Resident of Village-Pipraulia, Police Station-Ashok Paper Mill, District-Darbhanga. 7.

Md. Shakil Khan, son of Late Washil Khan, Resident of Village-Tajpur Kurrah, Police Station-Dildar Nagar, District-Ghazipur (U.P.). 8.

Sunil Kumar Shahi, Son of Late Gajadhar Shahi, Resident of VillageShyampur Bhoja, Police Station-Kanti, District-Muzaffarpur. 9.

Kamlesh Kumar Upadhyay, son of Late Badri Nath Upadhyay, Resident of Village-Tari Muhalla, Police Station- Nagar Thana (Ara), District-Ara (Bhojpur).

10.

Sonu Prasad, son of Late Badri Prasad, Resident of Village-Bayitpur, Police Station-Wazirganj, District-Gaya.

11.

Bikarma Pandey, son of Ramanand Pandey, Resident of Village-Sabeyan, Police Station-Karakat, District-Rohtas.

12.

Gayatri Chaubey, son of Late Ram Dayal Chaubey, Resident of VillageJagdihra, Police Station-Chenari, District-Rohtas. 13.

Nand Kumar Singh, son of Nageshwar Singh, Resident of VillageMakhandpur, Police Station-Nathnagar, District-Bhagalpur. 14.

Kauleshwar Singh, son of Late Hari Singh, Resident of Village-Rupash Tola, Police Station-Bardh, District-Patna.

15.

Devanand Misra, son of Modnath Misra, Resident of Village-Ojhaul,

2/6 Police Station-Bahadurpur, District-Darbhanga. 16.

Bahadur Yadav, Son of Late Bijo Yadav, Resident of Village-Harnath Chak, Singhya Makandpur, Police Station-Gopalpur, District-Bhagalpur. 17.

Nagendra Kumar Dubey, son of Late Haridwar Dubey, Resident of Village-Koluha Khurd, Police Station-Chanpur, District-Daltanganj. 18.

Dineshwar Prasad Gupta, son of Late Chotelal Gupta, Resident of Village-Punpun, Police Station-Punpun, District-Patna. 19.

Md. Ehsan, son of Mahiuddin Khan, Resident of Village-Gore, Police Station-Mandar, District-Ranchi (Jharkhand).

20.

Kopendra Prasad, son of Nanhak Prasad, Resident of Village-Gulariya Bigha, Police Station-Dhanarua, District-Patna. 21.

Ranjeet Singh, son of Ramkrit Singh, Resident of Village-Bhagwanpur, Police Station-Phatuha, District-Patna.

22.

Darvind Kumar Singh, son of Bachchu Singh, Resident of VillageKobwa, Police Station-Wajirganj, District-Gaya. 23.

Vidya Bhushan Singh, son of Ramkrit Singh, Resident of VillageBhagwanpur, Police Station-Phatuha, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Additional Director General of Police, Military Police, Bihar, Patna. 5.

The Inspector General of Police (Budget/Appeal/Welfare), Bihar, Patna. 6.

The Under Secretary to the Government, Department of Home (Police), Bihar, Patna.

7.

The Commandant, BSAP-10, Patna.

8.

The Commandant, BMP-10, Patna.

9.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 10.

The Director, P.F. Directorate, Patna.

... ... Respondent/s Appearance :

3/6 For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate Mr. Vipin Kumar Singh, Advocate Ms. Smriti Singh, Advocate Mr. Aakash Singh, Advocate For the Respondent/s :

Ms. Dimpal Kumari, AC to GP-11 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2025 Heard Learned Senior Counsel for the petitioners and Learned Counsel for the State.

2. The present writ petition has been filed with the following reliefs:

"I. For issuance of writ in the nature of mandamus or any other appropriate writ, order or direction for commanding the respondents to restore the pay-fixation of the petitioners by granting benefit of ACP in the pay scale of Rs.40006000 (instead of pay scale of Rs.3200-4900) and thereafter, proceed to re-fix their pay/pension in the light of the order/judgement dated 26.04.2024 passed in LPA No.458/2021 (Srikant Dubey & ors. vs.

The State of Bihar & ors.) as the petitioners case is squarely covered by the said judgment.

II. For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the

4/6 respondents to refund the amount recovered from the petitioners from the benefits of their first and second ACP and arrears thereof.

III. For issuance of any other appropriate writ or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

3. Learned Senior Counsel for the petitioners submits that the issue in the present case has already been decided by Hon'ble Division Bench of this Court in LPA No.458 of 2021 (Srikant Dubey and Others Vs. The State of Bihar and Others). Learned Senior Counsel submits that with a view to grant leave, a representation has been filed by the petitioners vide Annexure-P/4 and subsequently with a view to decide the same, the respondent, the Additional Director General of Police (Headquarter), Bihar, Patna, by virtue of Office Order No.77 dated 22.10.2024 has constituted a grievances cell for consideration of the matters in the light of Bihar State Litigation Policy, 2011 which is Annexure- P/6.

4. Learned Counsel for the State submits that time may be granted to file counter affidavit.

5. In the light of the submissions made, this Court is of the firm view, more particularly upon consideration of

5/6 Annexure-P/6, which is as follows:- This Court is of the view that keeping the writ petition pending shall be an unnecessary step and in spite thereof the writ petition is disposed off directing the petitioners to file

6/6 representation before the said Grievances Redressal Committee seeking reliefs applicable by virtue of letter No.422 dated 23.10.2024, described above. The petitioners shall file separate representation along with a copy of this order before the Grievances Redressal Committee within a period of 30 days from today and the Grievances Redressal Committee shall pass a reasoned and speaking order on the representation of the petitioners within 90 days thereafter.

6. If it has been found by the Committee that petitioners' case is covered in the light of L.P.A. mentioned above, then the said decision shall be implemented within the stipulated period for the petitioners only.

Mkr./- (Dr. Anshuman, J) U