Sagar Lohra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12269 of 2025 ====================================================== 1.

Sagar Lohra Son of Late Lakhiram Lohra, Resident of village- Mardu, Police Station - Sillee, District- Ranchi and Presently working as Assistant Sub-Inspector, BSAP-05, Patna.

2.

Manoj Kumar Singh Son of Late Ram Kumar Singh, Resident of VillageChechar, Police Station - Bidhupur, District- Vaishali and Presently working as Havildar, BSAP- 05, Patna.

3.

Manoj Kumar Manjhi, Son of Late Radha Govind Majhi, Resident of Tanashi, Police Station- Jhalda, District- Purulia (W.B.), and Presently working as Havildar, BSAP-05, Patna.

4.

Subhash Kumar, Son of Janak Bahadur, Resident of Village Rupaspur, Police Station - Rupaspur, District - Patna and Presently Posted as Havildar, BSAP- 05, Patna.

5.

Brajesh Kumar Singh, Son of Raghunath Singh, Resident of VillageBicikalan, Police Station- Dinara, District- Rohtas and Presently Working as Havildar, BSAP- 05, Patna.

6.

Ram Bahadur Tamang, Son of Late Man Bahadur Tramang, Resident of J.A.P 01 Daranda, Police Station - Doranda, District- Ranchi, (Jharkhand) and Presently working as Havildar, BSAP- 05, Patna. 7.

Md. Jawed Akhtar, Son of Late Md. Rustam, Resident of Village- Mirjapur Bardha, Police Station -Muffasi, District- Munger, and Presently working as Sub-Inspector, BSAP- 05, Patna.

8.

Md. Hasim Khan, Son of Md. Sahid Khan, Resident of Village- Ranisagar, Police Station - Sagur, District- Bhojpur (Ara) and Presently Working as Sub-Inspector, BSAP- 05, Patna.

9.

Dan Singh, Son of Late Ganga Singh, Resident of village- Basikhet, Police Station - Berinag, District- Pithauragarh (Uttarkhand) and Presently working as Havildar, BSAP- 05, Patna.

10.

Ramnarayan Singh, Son of Late Mahabir Singh, Resident of villageKhareyodeh, Police Station- Herodeh, District - Gerideh (Jharkhand) and Presently retired from Havildar, BSAP-05, Patna. 11.

Kamal Kant Mishra, Son of Late Satya Narayan Mishra, Resident of VillageSagarpur, Police Station- Sakri, District- Madhubani and Presently retired from Havildar, BSAP- 05, Patna.

12.

Madhava Nand Mishra, Son of Late Achyuta Nand Mishra, Resident of Village- Nauwagarhi, Choroun, Police Station - Muffasil, District- Munger and Presently retired from Havildar, BSAP- 05, Patna. 13.

Umesh Prasad Singh, Son of Kamta Prasad Singh, Resident of VillageBakra, Police Station - Bind, District- Nalanda and Presently retired from Havildar, BSAP-05, Patna.

14.

Suresh Kumar Singh, Son of Late Kishun Singh, Resident of village -Udhar, Police Station- Sunhan, District- Bhabhua (Kaimur) and Presently retired from Sub-Inspector, BSAP- 05, Patna.

15.

Hembo Tigga, Son of Late Dase Tigga, Resident of Village- Bansjari, Police

2/5 Station - Mandar, District- Ranchi and Presently Working as Havildar, BSAP- 05, Patna.

16.

Umashankar Singh, Son of Late Suresh Prasad Singh, Resident of village - Chainpurva, Police Station- Avatar Nagar, District- Saran and Presently Working as Havildar, BSAP- 11, Jamui.

17.

Prem Sagar Singh, Son of Late Mahatam Singh, Resident of VillageLalgadh, Police Station - Shayampur Bhataha, District - Sitamarhi and Presently Working as Assistant Sub-Inpsector, BSAP- 11, Jamui. 18.

Shukhdeo Mandal, Son of Late Girish Mandal, Resident of Village- Gardhi, P.S.- Ramnagar, District- Munger and Presently working as Havildar, BSAP11, Jamui. 19.

Ramsuresh Sharma Son of Late Haridwar Sharma, Resident of Village -Chhoti Rukanpura, Police Station - Airport, District- Patna and Presently working as Havildar, BSAP-10, Patna.

20.

Ritu Kumar Thapa, Son of Late Lil Bahadur Thapa, Resident of village- Jail Camp, P.S. - Airport, District- Patna and Presently working as Sub-Inspector, BSAP- 10, Patna.

21.

Md. Rashid Ahmad, Son of Late Nassim Ahmad, Resident of VillageGouragarh, Police Station - Biharsharif, District- Nalanda, and Presently working as Assistant Sub-Inspector, BSAP- 10, Patna. 22.

Md. Sajjad Alam, Son of Late Gulam Jilani, Resident of village- Nosha, Police Station - Phulwarisharif, District- Patna and Presently working as Sub-Inspector, BSAP- 10, Patna.

23.

Md. Mohiuddin, Son of Md. Sadique, Resident of Naya Tola, Phulwarisharif, Police Station -Phulwari Sharif, District- Patna and Presently retired from Havildar, BSAP- 10, Patna.

24.

Ramawadhesh Choudhary, Son of Late Nasau Choudhary, Resident of Village- Saidabad, Police Station - Shivsagar, District- Rohtas (Sasaram) and Presently working as Sub-Inspector, BSAP-14, Patna. 25.

Rajendra Das, Son of Late Saryug Ram, Resident of village- Andharwara, Police Station - Rajapakar, District- Vaishali and Presently Working as SubInspector, BSAP- 14, Patna. 26.

Bhudhan Singh Sundi, Son of Jumbal Sundi, Resident of Village- Bara Guira, Police Station- Muffasi, District- West Simbhum (Jharkhand) Presently retired from Havildar, BSAP- 13, Darbhanga. 27.

Prem Narayan Mahto, Son of Late Moti Mahto, Resident of Village- Pirari, Police Station - Gaunaha, District- West Champaran, and Presently retired from Havildar, BSAP- 13, Darbhanga.

28.

Arun Kumar, Son of Late Ramadhar Sharma, Resident of VillageBhawanpur, Police Station - Tekari, District- Gaya and Presently working as Assistant Sub-Inspector, BSAP- 01, Patna.

29.

Govind Mahli, Son of Late Ahalad Mahli, Resident of Village- Gopi Toli, Police Station- Kuru, District- Lohardagga (Jharkhand) and Presently retired from Sub-Inspector, BSAP- 17, Bodhgaya.

30.

Jogendra Singh Thapa, Son of J.B. Thapa, Resident of Chaki No. 04, Raipur, Dehradun, P.S.- Raipur, District- Dehradun (Uttrakhand) and Presently

3/5 working as Sub-Inpsector SDRF, Bihta, Patna.

31.

Umesh Sharma, Son of Bhuneshwar Sharam, Resident of Village - Vijaypura, P.S.- Dhanuraa, District- Patna, and Presently working as Havildar, BSAP (Mahila), Sasaram, Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Princpal Secretary, Department of Home (Police), Government of Bihar, Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Home Secretary, Government of Bihar, Patna. 5.

The Director General of Police, Bihar, Patna. 6.

The Additional Director General of Police (Headquarter), Bihar, Patna. 7.

The Deputy Inspector General of Police (Personal), Bihar, Patna. 8.

The Additional Director General of Police (Military Police), Bihar Special Armed Police, Bihar, Patna.

9.

The Commandant, Bihar Special Armed Police- 05, Patna. 10.

The Commandant, Bihar Special Armed Police- 11, Jamui. 11.

The Commandant, Bihar Special Armed Police- 10, Patna. 12.

The Commandant, Bihar Special Armed Police- 14, Patna. 13.

The Commandant, Bihar Special Armed Police- 13, Darbhanga. 14.

The Commandant, Bihar Special Armed Police- 01, Patna. 15.

The Commandant, Bihar Special Armed Police- 17, Bodhgaya. 16.

The Commandant, SDRF, Bihta, Patna.

17.

The Commandant, Bihar Special Armed Police (Mahila), Sasram (Rohtas). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Jha, Advocate For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for the

4/5 following reliefs:- "i) For issuance of appropriate writ in the nature of Mandamus commanding the respondents to re-fix the pay scale of the petitioners in the scale of 4000-6000 as a 1st ACP in the scale of ASI/Hawaldar and to grant the benefit of MACP which is being paid to the petitioners in the scale by 40006000 in place of pay scale of 3200-4900. ii) To declare and hold that the petitioners falls under the literate cadre and accordingly, they are entilted to get 1st ACP/MACP in the scale 4000-6000 against the post of ASI/Hawaldar and the 2nd ACP/MACP in the scale of 5500- 9000 against the post of S.I.

iii) To grant the same benefits as the applicant of LPA No. 458 of 2021 because all these petitioners have also been similarly appointed between the years 1982 to 1992 except the petitioner no. 10, who is appointed in the year 1996.

iv) And to grant any other relief/relief(s) for which the petitioners are found entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that, for the fulfillment of the petitioners' grievances, a representation has been filed before Respondent No. 13, but till date no

5/5 decision has been taken. Counsel further submits that a counteraffidavit has been filed, but from the same it is not clear whether any decision has been taken on the petitioners' representation or not.

4. Learned counsel for the State, on the other hand, submits that, upon receipt of the representation at the level of the Director General of Police, a committee has been constituted to consider the case of the petitioners as well as other similarly situated persons, and a decision shall soon be taken in their case.

5. In light of the pleadings made by the parties, the present writ petition stands disposed of, with a direction to the Additional Director General of Police (Military Police), Bihar Special Armed Police, Bihar, Patna (Respondent No. 8) to pass a reasoned and speaking order on the petitioners' representation within 90 days from the date of production of this order. (Dr. Anshuman, J.) Aman Kumar/- U