Sanjeet Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11913 of 2025 ====================================================== 1.
Sanjeet Kumar Singh Son of Sri Arjun Prasad Singh, Resident of Village Rahmatpur, Post Office- Asarganj, P.S.- Asarganj, District- Munger. 2.
Ghuran Kumar, Son of Fuleshwar Mukhiya, Resident of Village- Banki, Post Office- Banki, P.S.-Madhepur, District- Madhubani. 3.
Anil Kumar, Son of Late Nagendra Prasad, Resident of Village- Anandpur, Post Office- Anandpur, P.S.- Bihta, District- Patna. 4.
Pankaj Kumar Thakur Son of Tami Thakur, Resident of Village and P.O.- Sadhua, P.S.- Rangra Chok, District- Bhagalpur. 5.
Gautam Kumar Singh, Son of Pramod Kumar Singh, Resident of VillageChandpur, Post Office- Sripather, P.S.- Dhoraiya, District- Banka. 6.
Ajay Kumar, Son of Sri Bindeshwari Yadav, Resident of Village- Ratanpur, Post Office-Jalpura (Tapa), P.S.- Chandi, District- Bhojpur. 7.
Niranjan Kumar Yadav, Son of Ghina Yadav, Resident of Village- Nista, Post Office and P.S. Surajgarha, District- Lakhisarai. 8.
Vijay Kumar Son of Sri Sant Lal Singh, Resident of Village- Husena Khurd, Post Office- Husena Khurd, P.S.- Goraul, District- Vaishali. 9.
Hira Lal Son of Doman Saw, Resident of Village- Uchauli, Post OfficeNagariyawan, P.S.-Khizasari, District- Gaya. 10.
Vinay Kumar, Son of Mahendra Yadav, Resident of Village and Post OfficeSondhi, P.S.- Buniyadganj, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.
2.
The Principal Secretary, General Administration Department, Government of Bihar.
3.
The Director General of Police, Bihar, Patna. 4.
The Additional Director General of Police Head Quarter, Bihar, Patna. 5.
The Inspector General of Police, Rail, Bihar, Patna. 6.
The Inspector General of Police, Patna Zone, Patna. 7.
The Inspector General of Police, Bhagalpur Zone, Bhagalpur. 8.
The Inspector General of Police, Tirhut Zone, Muzaffarpur. 9.
The Inspector General of Police, Darbhanga Zone, Darbhanga. 10.
Superintendent of Police, Patna.
11.
Superintendent of Police, Darbhanga.
12.
Superintendent of Police, Sitamarhi.
13.
Superintendent of Police, Banka.
14.
Superintendent of Police, Jamui.
2/6 15.
Superintendent of Police, Sheikhpura.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Ranjan, Advocate For the Respondent/s :
Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 07-08-2025 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners have filed the present writ petition seeking quashing of the order dated 15.06.2021 contained in Memo No. 106, issued under the signature of the Assistant (Welfare), Director General of Police, Bihar, as well as the order dated 17.06.2021 contained in Memo No. 1529, issued under the signature of the Superintendent of Police, Banka. The further prayer of the petitioners is for regularization of their services and for a direction to allow them to continue on the post of Sepoy Driver on a contractual basis until the age of retirement, i.e., 60 years. The petitioners also seek a direction restraining the respondent authorities from implementing the order contained in Memo No. 106 dated 15.06.2021.
3. Learned counsel for the petitioners submits that the petitioners were appointed to the post of Sepoy Driver pursuant to Advertisement No. 01/2010 for the recruitment of 610 vacant posts of drivers in the Bihar Police on a contractual basis for a
3/6 period of 11 months. Learned counsel further submits that after their appointment, the petitioners continued to work on the said post. However, in the year 2021, vide order contained in Memo No. 106 dated 15.06.2021, a decision was taken to terminate the services of contractual drivers and constables, with a further direction that no remuneration shall be paid to them beyond 31.07.2021. The said order also directed issuance of one month's notice to the petitioners.
4. Learned counsel further submits that 178 similarly situated persons approached this Hon'ble Court in CWJC No. 13895 of 2021, which was allowed vide judgment dated 16.05.2024, whereby Memo No. 106 dated 15.06.2021 issued by the Assistant (Welfare) Director General of Police, Bihar, was quashed. The judgment passed in the said writ petition was challenged in LPA No. 1123 of 2024, which was disposed of vide judgment dated 25.03.2025 with certain conditions. Learned counsel submits that the case of the present petitioners is squarely covered by both the above-mentioned decisions. Therefore, the present writ petition deserves to be decided in light of the same.
5. Learned counsel for the State submits that the case of the petitioners is to be decided by the State authorities,
4/6 specifically as to whether the petitioners fall within the purview of the orders passed in CWJC No. 13895 of 2021 and LPA No. 1123 of 2024. Learned counsel further submits that the present writ petition may be disposed of with a direction to the respondent authorities to examine the case of the petitioners in light of the decisions rendered by this Hon'ble Court in the aforesaid matters.
6. In light of the submissions made, it transpires to this Court that the order contained in Memo No. 106 dated 15th June, 2021, issued by the Assistant (Welfare) Director General of Police, Bihar, has already been examined in CWJC No. 13895 of 2021 and was set aside by this Court. The said order was further challenged before the Division Bench of this Court in LPA No. 1123 of 2024, wherein specific directions were issued in paragraph no. 5 of the judgment, as under :- "that the services of the writ petitioners/ respondents who have currently passed 12th examination would be regularized, subject to the availability of sanctioned posts. With respect to those who have only a degree of 10th would be permitted to upgrade their academic qualification and obtain degree of Intermediate within five years of their contractual service, whereafter they would also be regularized. If the academic qualification is not upgraded by anyone of them, even then they
5/6 would not be removed from service but would continue as contractual Drivers/Constables up to the age of superannuation of 60 years."
7. In light of the decisions rendered in CWJC No. 13895 of 2021, wherein Memo No. 106 dated 15th June, 2021 issued by the Assistant (Welfare) Director General of Police, Bihar was set aside, and considering that the said judgment was challenged in LPA No. 1123 of 2024, which was disposed of vide judgment dated 25.03.2025 with certain conditions as noted above, the petitioners are directed to file a fresh representation before respondent no. 3, namely the Director General of Police, Bihar, Patna, within a period of 30 days from today. The representation shall be accompanied by a copy of this order as well as copies of the judgments passed in CWJC No. 13895 of 2021 and LPA No. 1123 of 2024.
Upon receipt of the representation, the Director General of Police, Bihar shall consider and dispose of the same within a period of 90 days from the date of its filing by passing a reasoned and speaking order. While doing so, the authority shall take into consideration the directions issued in the aforesaid cases and also Clause 4.
6/6 "4.C(1). A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representationist/applicant employee/citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants."
8. The Director General of Police, Bihar is further directed that if the petitioners are found to be similarly situated and eligible for similar relief, appropriate treatment shall be extended to them in the same manner.
9. With the aforesaid observation and direction, the writ petition stands disposed off.
(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 13/08/2025 Transmission Date NA