Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13213 of 2022 ====================================================== 1.

Niraj Kumar son of Late Krishna Kant Mishra, resident of Village- Ekma, P.S.- Ekma, District- Saran at Chapra, presently posted as Clerk in Bihar Special Armed Police- 11, Jamui, presently on deputation in Economic and Cyber Offense Unit, Patna.

2.

Ami Mishra, son of Late Nawal Kishore Thakur, resident of Lalkothi, Village- Tatarpur, District- Bhagalpur, presently posted as Clerk, Constable Training School, Nath Nagar, Bhagalpur.

3.

Kumari Champa, wife of Late Binay Kumar Singh, presently residing at Urja Nagar (Near St. Karens School), P.S.- Khagaul, District- Patna, Permanent resident Telthua, P.S.- Rafiganj, District- Aurangabad, presently posted as Clerk in the office of Superintendent of Rail Police, Patna. 4.

Brajesh Kumar, son of Late Chandra Bhushan Singh, resident of Ganga Vihar Colony, Elahi Bagh, P.S.- Gopalpur, District- Patna, presently posted as Clerk in the office of Superintendent of Police, Bhojpur, Ara. 5.

Dhananjay Kumar, son of Late Ajay Kumar Singh, resident of in front of UB Tower, Saraiyaganj, PS- Town, District- Muzaffarpur, posted as Clerk in the office of the Superintendent of Police, Sitamarhi and presently on deputation in the office of Inspector of Police Tirhut Range, Muzaffarpur. 6.

Dheeraj Kumar, son of Late Maharana Pratap Rai, resident of VillageBharthua, P.S.- Aurai, District- Muzaffarpur, presently posted as Clerk in the office of Superintendent of Police, Sitamarhi. 7.

Kunwar Ajit Singh, son of Late Ram Chhabila Kunwar, resident of VillageBasant, P.S.- Bajpatti, District- Sitamarhi, presently posted as Accounts Passed Clerk in the office of Senior Superintendent of Police, Muzaffarpur. 8.

Ved Prakash son of Late Sumant Pandey, resident of Village- Kolhua Paigambarpur, Old Motihari Road, Swami Nagar- 01, P.S.- Ahiyapur, District- Muzaffarpur, presently posted as Accounts Clerk in the office of Senior Superintendent of Police, Muzaffarpur. 9.

Kameshwar Prasad Singh, son of Late Vijay Kumar Singh, resident of Village- Jamalpur, Narauni Tola, P.O.- Amnaur, P.S.- Madhura, DistrictSaran at Chapra, presently posted as Clerk in the office of Senior Superintendent of Police, Muzaffarpur.

10.

Prashant Kumar, son of Late Sachchidanand Singh, resident of MohallaBhikhanpura North, Mohammadpur Kazi, P.S.- Sadar, District- Muzaffarpur, presently posted as Clerk in the office of Senior Superintendent of Police, Muzaffarpur.

11.

Narendra Pratap Singh, son of Late Ranjit Kumar Singh, resident of VillageAmi, P.O. and P.S.- Dighwara, District- Saran at Chapra, presently working as Accounts passed Clerk in the office of Senior Superintendent of Police, Muzaffarpur.

12.

Nitesh Kumar Mishra, son of Late Binay Kumar Mishra, resident of VillageBhramarpur, P.S.- Bihpur, District- Bhagalpur, presently posted as Clerk in the office of Senior Superintendent of Police, Muzaffarpur. 13.

Prashant Kumar Jha, son of Late Vedanand Jha, resident of Village-

2/8 Bangaon, P.S.- Bajpatti, District- Sitamarhi, presently posted as accounts passed Clerk in the office of Superintendent Rail Police, Muzaffarpur. 14.

Priy Kant Ranjan, son of Late Vikrama Singh, resident of Village and P.O.- Chatra, P.S.- Kopa, District- Saran at Chapra, presently posted as accounts clerk in the office of Bihar Special Armed Police- 01, Patna. 15.

Manish Kumar, son of Late Ram Padarath Rai, resident of VillageGodargama, P.O.- Rampur, P.S.- Matihani, District- Begusarai, posted as Clerk in Bihar Special Armed Police- 16, Patna and presently on deputation in ATS, Bihar, Patna.

16.

Naveen Kumar, son of Late Ram Chandra Rai, resident of Village, P.O. and P.S.- Matihani, District- Begusarai, presently posted as Accountant in the office of Superintendent Rail Police, Jamalpur. 17.

Mukesh Kumar, son of Late Narvadeshwar Singh, resident of Village- Mauli Nagar, P.S.- Maner, District- Patna, presently posted as Accountant in the Bihar Special Armed Police- 05, Patna.

18.

Anuradha Singh, daughter of Sri. Ram Prabodh Singh, resident of VillageSaraiya, P.O.- Maranchi, P.S.- Punpun, District- Patna, presently posted as Accounts passed Clerk in Bihar Special Armed Police- 09, Jamalpur. 19.

Mikki Kumari, daughter of Sri. Kaushal Kishore Jha, resident of Village and P.O.- Mahendrapur, P.S.- Naya Gaon, District- Begusarai presently posted as Clerk, Constable Training School, Nath Nagar, District- Bhagalpur. 20.

Kamlesh Kumar Singh, son of Late Ram Sihasan Singh, resident of VillageAladahi, P.O.- Sondhi, P.S.- Mohaniya, District- Kaimur at Bhabhua, presently posted as Account passed Clerk in the office of Bihar Special Armed Police- 02, Dehri.

21.

Sanjay Kumar Singh, son of Late Shravan Kumar Singh, resident of Buddha Colony, Adalwari, Hasratganj, P.S. and Town- Hajipur, District- Vaishali, presently posted as Clerk in the office of Senior Superintendent of Police, Muzaffarpur.

22.

Prashant Kumar, son of Ram Naresh Singh, resident of Village- Rampur Bhason, P.S.- Sakra, District- Muzaffarpur, presently working as Clerk in Bihar Special Armed Police- 06 at Muzaffarpur. 23.

Pankaj Kumar Ray, son of Bisheshwar Ray, resident of Village- Goro, P.S. Janua, District- Giridih (Jharkhand), presently posted as Clerk in the office of Superintendent of Police, Nawada.

24.

Sweta Sinha, daughter of Late Chandra Bhushan Sinha, resident of MohallaMahavir Nagar, Behind MIG- 189, P.S.- Patrakar Nagar, District- Patna, presently posted as Clerk in Bihar Special Armed Police- 05, Patna. 25.

Alka Kumari, wife of Late Akshay Kumar, resident of through- Shatrughan Prasad, Tamtam Stand, P.S.- Phulwari Sharif, District- Patna, presently posted as Clerk in the office of Bihar Special Armed Police- 05, Patna. 26.

Bindu Kumari, wife of Late Kripalu Kumar, resident of Village and PostRampur, P.S.- Suryagarha, District- Lakhisarai, presently working as Clerk in the office of Bihar Special Armed Police- 05, Patna. 27.

Anjela Tete, daughter of Late Lucas Tete, resident of Village- Kolebira, Porhatoli, P.O. and P.S.- Kolebira, District- Simdega (Jharkhand), presently

3/8 working as Clerk in Bihar Special Armed Police, Patna. 28.

Rekha Tiwary, wife of Harendra Tiwary, resident of Village- Naya Rampur, P.O.- Sherpur, P.S.- Maner, District- Patna, presently working as Clerk in Bihar Special Armed Police- 10, Patna.

29.

Piyush Kumar Anand, son of Late Atinand Singh, resident of VillageRampur (Malakhpur), P.O. and P.S.- Jamalpur, District- Munger, presently working as Clerk in the office of Superintendent of Police, Nalanda at Bihar Sharif.

30.

Vikash Kumar, son of Suresh Prasad Singh, resident of Village- Laxmipur, P.O.- Railly, P.S.- Pandarak, District- Patna, presently working as Clerk in the office Superintendent of Police, Nalanda, Bihar Sharif. 31.

Nutan Kumari, wife of Late Lalan Kumar Singh, resident of Om Nagar, Road No. 01, Damodarpur, P.S.- Kanti, District- Muzaffarpur, presently working as Clerk in the office of Superintendent of Police, Nalanda at Biharsharif.

32.

Sahil Raj, son of Late Suresh Prasad, resident of Falbu Bhawan, Quarter No. 06, Old Police Line, Arrah (near the office of SDPO, Arrah), DistrictBhojpur, presently posted as Account passed Clerk in the office of Superintendent of Police, Bhojpur at Arrah.

33.

Sangeeta Kumari, wife of Late Jailendra Kumar, resident of Old Police Line, Arrah (Bhojpur), presently posted as Account Passed Clerk in the office of Superintendent of Police, Arrah.

34.

Alok Raj, son of Late Krishna Murari, resident of Punpun Bhawan, Quarter No. 08, Old Police Line, Arrah (Bhojpur).

35.

Ashok Kumar, son of Late Bineshwar Prasad, resident of Village Gosaipur, P.O.- Yogipur, P.S.- Hilsa, District- Nalanda, presently residing in BMP- 07 Campus, Bheriya Rahika, Mirchai, District- Katihar, presently working as Clerk in the office of Bihar Special Armed Police- 07, Katihar. 36.

Rajeev Ranjan Kumar, son of Late Yoganand Singh, resident of VillageSonpura, P.S.- Simri Bakhtiyarpur, District- Saharsa, presently working as Clerk in the office of Senior Superintendent of Police, Patna. 37.

Manoj Kumar Singh, son of Late Chattradhari Singh, resident of Village and Post- Sua, P.S.- Medni Nagar, District- Palamu (Jharkhand) working as Clerk in the office of Superintendent of Police, Dehri, Rohtas. 38.

Birendra Tiwary, son of Late Jai Mangal Tiwary, resident of Golhana, P.O.- Naudiha, P.S.- Padwa, District- Palamu (Jharkhand), present,ly working as Clerk in the office of Superintendent of Police, Dehri (Rohtas). 39.

Kumud Ranjan, son of Late Ram Ashray Prasad, resident of Village- Kaua Khoch, P.O.- Ghordihan, P.S.- Kargahar, District- Rohtas at Sasaram, presently posted as Clerk in the office of the Superintendent of Police, Dehri, Rohtas.

40.

Shyam Kishore Kumar, son of Late Suresh Thakur, resident of Jeevrakhan Tola, P.S.- Maner, District- Patna, presently posted as Clerk in the office of Superintendent of Police, Rohtas, Sasaram.

41.

Dhananjay Kumar, son of Late Akhileshwar Narayan Singh, resident of Village and Post- Gaurisonbarsa, P.S.- Obra, District- Aurangabad, presently

4/8 working as Clerk in the office of Bihar Special Armed Police (Woman), Sasaram.

42.

Ranjan Kumar Pandey, son of Late Dineshwar Pandey, resident of VillageBarkalauhar, P.S.- Barhara, District- Bhojpur at Arrah, presently working as Clerk in the office of Superintendent of Police, Sitamarhi. 43.

Sharmila Kumari, wife of Late Pramod Kumar, resident of VillageMahimachak, P.O.- Kharthua, District- Nalanda, presently working as Clerk in the office of Superintendent of Police, Sitamarhi. 44.

Seema Kumari, daughter of Jailal Singh, resident of Colony No. 2 (Near Church), P.S.- Katihar Town, K.B. Jha College, Katihar, presently posted as Clerk on the office of Senior Superintendent of Police, Patna. 45.

Birendra Kumar Singh, son of Late Radhe Shyam Singh, resident of VillageDaulatpur (Dih Tola), P.S.- Gaurichak, District- Patna, presently posted as Clerk in the office of Senior Superintendent of Police, Patna. 46.

Saurav Kumar Bhatt, son of Late Dhruv Kumar Sharma, resident of Village and P.O.- Satbahini, P.S.- Utari, District- Palamu (Jharkhand), presently posted as Accounts passed Clerk in the office of Senior Superintendent of Police, Patna.

47.

Sudhir Kumar Singh, son of Late Shyam Kishore Singh, resident of Village and Post- Alawalpur, P.S.- Gaurichak, District- Patna, presently posted as Clerk in the office of Senior Superintendent of Police, Patna. 48.

Lalan Kumar Singh, son of Late Rajdeo Prasad Singh, resident of VillageThuhuma, P.S.- Kudhani (Turki OP), District- Muzaffarpur, presently posted as Clerk in the office of Senior Superintendent of Police, Patna. 49.

Alankar, son of Late Manohar Prasad, resident of Mannu Villa, India Machinery Campus, near Kumhrar Park, Kumhrar, P.S.- Agamkuan, District- Patna, presently posted as Clerk in the office of Senior Superintendent of Police, Patna.

50.

Radha Kumari, daughter of Sri Sukhdev Pandit, resident of near Electricity Office, PS and PO- Koderma, District- Kodema (Jharkhand), presently posted as Clerk in the office of Senior Superintendent of Police, Patna. 51.

Seema Ranjan, daughter of Late Hriday Narayan Yadav, resident of Flat No. 301, Malti Sadan, Ganga Path, B- Bhattacharya Road, West Patel Nagar, P.S.- Shastri Nagar, District- Patna, presently posted as Clerk in the office of Senior Superintendent of Police, Patna.

52.

Ratan Kumar Jha, son of Late Ramakant Jha, resident of Bijalpura, P.O.- Loha, P.S.- Arer, District- Madhubani, presently posted as Clerk in the office of Senior Superintendent of Police, Patna.

53.

Kumar Gaurav, son of Late Ajit Kumar Jha, resident of 150/262, Ajit Niwas Yaarpur, Yogia Toli, District- Patna, presently posted as Clerk in the office Senior Superintendent of Police, Patna.

54.

Kiran Devi, daughter of Late Ram Naresh Singh, Village and P.O.- Gangajal (Barka Bagicha), P.S.- Sonepur, District- Saran at Chapra, presently posted as Clerk in the office of Senior Superintendent of Police, Patna. 55.

Ranjana Devi, daughter of Sri Kailash Pati Thakur, resident of Lalpur, P.S.- Bisfi, District- Madhubani, presently posted as Clerk in the office of Senior

5/8 Superintendent of Police, Patna.

56.

Asha Anand, daughter of Sri. Gopla Jha, resident Flat No. 405, Sushila Enclave Apartment, Gola Road T- Point, P.S.- Danapur, District- Patna, presently posted as Clerk in the office of Senior Superintendent of Police, Patna.

57.

Anup Kumar Tiwary, son of Late Suresh Tiwary, resident of Village and P.O.- Tolra, P.S.- Rehla, District- Palamu (Jharkhand), presently posted as Clerk in the office of Superintendent of Police, Munger. 58.

Prabhat Kumar, son of Late Parshuram Mandal, resident of VillageTaridabil, P.S.- Khaira, District- Jamui, presently posted as Clerk in the office of Superintendent of Police, Jamui.

59.

Dhiraj Kumar, son of Late Kanhaiya Mallik, resident of Village- Amta, P.S.- Baheri, District- Darbhanga, presently posted as Clerk in the office of Superintendent of Police, Motihari.

60.

Alok Kumar, son of Late Mohan Prasad Patel, resident of Village and PostNarayanpur, P.S.- Patahi, District- East Champaran, presently posted as Clerk in the office of Superintendent of Police, Motihari. 61.

Rajesh Kumar, son of Late Vinod Kumar Srivastava, resident of Doudpur Kothi, Eastern Gate of MIT, Road No. 2, Brahmpura, P.S.- Brahmpura, District- Muzaffarpur, presently posted as Clerk in the office of Superintendent of Police, Motihari.

62.

Indra Kumar, son of late Jagarnath Sharma, resident of Village- Manora, P.O. and P.S.- Obra, District- Aurangabad, presently posted as Clerk in the office of Rail Superintendent of Police, Muzaffarpur. 63.

Amarjeet Kumar, son of late Jairaj Mallick, resident of Village and PostSamastipur, P.S.- Sahebpur Kamal, District- Begusarai, presently posted as Clerk in Bihar Special Armed Police- 8 Begusarai. 64.

Praveen Kumar, son of late Uma Kant Sharma, resident of VillagePitambarpur, P.S.- Ghoshi, District- Jehanabad, presently posted as Clerk in Mounted Special Armed Police, Ara.

65.

Rajeev Ranjan Ojha, son of late Phulan Ojha, resident of Ramnagar, P.O.- Chandwa, P.S.- Nawada, District- Bhojpur at Ara, presently posted as Clerk in Mounted Special Armed Police, Ara.

66.

Geeta Sharma, wife of late Shashi Bhushan Sharma, resident of Village and P.O. Khangaw, P.S. Chandi, Dist- Bhojpur at Ara presently posted as Clerk in the Office of Superintendent of Police, Ara. 67.

Amit Anand, son of late Satyendra Singh, resident of Village- Gere, P.O.- Manpur, P.S.- Muffasil, District- Gaya, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 68.

Kishor Kumar, son of late Ashok Kumar Singh, resident of Village and P.O.- Bagmajhuwan, P.S.- Koelwar, District- Bhojour, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 69.

Manish Kumar, son of late Ganesh Prasad Singh, resident of Village- Bela, P.O.- Chiriyawan, P.S.- Atri, District- Gaya, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 70.

Sudhanshu Sourabh, son of late Rajnikant Roy, resident of Village- Birsair,

6/8 P.O.- Sakri, P.S.- Madhubani, District- Madhubani, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 71.

Sadhna Kumari, Daughter of late Madnesh Kumar, resident of VillageGosain Gaon, P.S.- Gopalpur, District- Bhagalpur, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 72.

Urmila Devi, daughter of Sri Narayan Sharma, resident of VillageBhataualiya, P.O. and P.S.- Minapur, District- Muzaffarpur, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 73.

Sunanda Devi, daughter of Upendra Narayan Yadav, resident of VillageBalia, P.O.- Sontha, P.S.- Kochadhaman, District- Kishanganj, presently posted as Clerk in the office of Superintendent of Police, Rail, Patna. 74.

Sanil Singh Parmar, son of late Ravindra Kumar Singh, resident of VillageDarveshpura, P.O.- Darveshpura, P.S.- Saksohara, District- Patna, presently posted as Clerk in the office of Superintendent of Police, Begusarai. 75.

Dezi Kumari, daughter of late Shivnath Ray, resident of Village- Gauripur, P.O.- Gauripur, P.S.- Bihpur, District- Bhagalpur, presently posted as Clerk in the office of Superintendent of Police, Begusarai. 76.

Prahalad Kumar Thakur, son of late Subhchandra Thakur, resident of Village and P.O.- Baghaul, P.S.- Baheri, District- Darbhanga, presently posted as Clerk in the office of the Superintendent of Police, Aurangabad. 77.

Babita Kumari daughter of Surendra Singh, resident of Village- Dhorandih, P.O.- Sakla, P.S.- Kachhwan, District- Rohtas at Sasaram, presently posted as Clerk in the office of Superintendent of Police, Aurangabad. 78.

Santu Kumar, son of Late Jawahar Prasad Singh, resident of Village and P.O.- Manjhauli, P.S.- Salimpur, District- Patna, presently posted as Clerk in the office of Superintendent of Police, Aurangabad. 79.

Chandra Shekhar Prasad, son of late Suresh Kumar Singh, resident of Village- Ramnagar, P.O.- Dalitpur, P.S.- Dhangai, District- Bhojpur at Ara, presently posted as Clerk in the office of Superintendent of Police, Aurangabad.

80.

Vineet Kumar, son of late Vinay Kumar, resident of Village- Jagatpur, P.O.- Jagatpur, P.S.- Chandi, District- Nalanda, presently posted as Clerk in the office of Superintendent of Police, Aurangabad. 81.

Ranjan Kumar Singh, son of Brajesh Kumar Singh, resident of Village and Post- Kumna, P.S.- Kopa, District- Saran at Chapra, presently posted as Clerk in the office of Superintendent of Police, Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary, Home (Police) Department, Bihar, Patna. 3.

The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna. 4.

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

The Inspector General of Police, Headquarters, Bihar, Patna.

7/8 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Advocate For the Respondent/s :

Mr M Nasrul Huda Khan, SC I ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-10-2022 This case has been taken up today for consideration through Video Conferencing.

Petitioners have claimed benefit of earldier orders passed by this Court in CWJC No 25689 of 2019 by making representation before the Director General of Police. They have claimed parity in the matter of fixation of pay scale. It is submitted that the representations have been filed in October, 2021, and thereafter (Annexure 5 series). A grievance has, thus, been raised that due to non-consideration of their representation, the petitioners remain deprived of their due benefits. Sicne consideration in terms of the judgment has to be done by the Respondent No 4, before whom the representation is pending, no adjudication is called for in the instant writ proceedings. The same is disposed of.

This Court would, however, observe that while taking a decision on the petitioner's representation, the officer shall bear in mind the provision of Bihar State Litigation Policy 2011, especially Clause 4.C (1) thereof which, as a matter of fact,

8/8 requires "covered matters" to be accorded the same treatment. Let final decision be taken by Respondent No 4 within three months from the date of receipt/production of a copy of this order, in accordance with law.

(Madhuresh Prasad, J) M.E.H./- U