Krishana Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19567 of 2015 ====================================================== Krishana Prasad Son of Rajgrih Raj Resident of Village- Shyam Chak, P.s Bhagwanganj, District Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Home Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Director General cum Inspector General of Police Bihar, Old Secretariat Patna.

3.

The District Magistrate, Chapra,.

4.

The Superintendent of Police, Saran at Chapra. 5.

The Commandant Home Guards, Bihar,Patna.

6.

The Battalian Commandant Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Khurshid Alam, Advocate For the Respondent/s :

Mr. Kaushal Kumar Jha, AAG-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for directing the respondents to pay salary, allowances and other consequential benefit at par with Bihar Police Constable with effect from November 1998 on the principal of equal pay and equal work in the light of the principle laid down in CWJC

Patna High Court CWJC No.19567 of 2015(3) dt.04-12-2023 2/3 No.2748 of 2000 (Jaleshwar Rai v. State of Bihar & Ors.).

3. The petitioner was initially appointed on the post of Home Guard Volentier as per Section 3(3) of Bihar Home Guard Act, 1947 in the district of Chapra on 05.11.1998 and pursuant to different direction of the competent authority the posted was posted at Neem Nagar Thana, Chapra, Saran, State Bank, Sonepur, Rail duty Sonepur and other organization of the State Government and worked as Guard Commandant, and he had filed a representation and want to parity with the case of the Jaleshwar Rai who was also recruited as Home Guard Volentier work of regular police constable.

4. Learned counsel appearing on behalf the State submits that the representation of the petitioner is pending before the concerned authority.

5. In view of the aforesaid the petitioner may file a fresh representation annexing all the relevant documents before respondent no.2. The respondent no.2 to consider the claim of the petitioner with regard to parity at par with the police constable and in view of the judgment/order dated 18.03.2005 passed in CWJC No.2748 of 2000 (Jaleshwar Rai v. State of Bihar & Ors.).

6. The respondent no.2 shall dispose of the

Patna High Court CWJC No.19567 of 2015(3) dt.04-12-2023 3/3 representation of the petitioner within a period of three months from the date of the file of representation along with order of this Hon'ble Court with the reason and speaking order and the speaking order shall communicate to the petitioner.

7. With the aforesaid observation, the writ application is disposed of.

(Rajesh Kumar Verma, J) Prakash Narayan U