Naval Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14313 of 2022 ====================================================== 1.

Naval Kumar Son of Anandi Ray Resident of Village and Post OfficeManibhakurahar, Police Station- Sarai, District- Vaishali, (Beat No. 02/01). 2.

Arvind Paswan Son of Jagdish Paswan Resident of Village and Post OfficePrataptand, Near Ward No.- 08, Police Station- Bhagwanpur, DistrictVaishali, (Beat No.- 04/03). Dinesh Kumar Ray Son of Shri Yogendra Ray Resident of VillageEnayatpur Prabodhi, Ward No.- 08, Post Office- Sarai, Police Station- Sarai, District- Vaishali, (Beat No.- 01/04).

4.

Lagandev Paswan Son of Rambilas Paswan Resident of Village- Bhojpatti, Post Office- Bhojpatti, Police Station- Sarai, District- Vaishali, (Beat No.- 03/02).

5.

Ashok Thakur Son of Sudama Thakur Resident of Village- Mirpur Patar, Post Office- Dumari, Police Station- Sarai, District- Vaishali, (Beat No.- 03/06).

6.

Ram Naresh Bhagat Son of Shiv Nandan Bhagat Resident of VillageRamchandar Dohji, Post Office- Boari, Police Station- Sarai, DistrictVaishali, (Beat No.- 04/05). 7.

Sonelal Paswan Son of Chanu Paswan Resident of Village- Bhagwatpur Patedha, Post Office and Police Station- Sarai, District- Vaishali, (Beat No. 01/06).

8.

Shivchandra Paswan Son of Hira Paswan Resident of Village- Mukundpur, Post Office- Sarai, Via- Dumri, Police Station- Sarai, District- Vaishali, (Beat No.- 03/09).

9.

Sindhu Devi Wife of Raju Paswan Resident of Village- Rampur Ratnakar @ Sarsai, Police Station- Sarai, District- Vaishali, (Beat No.- 03/07). 10.

Dilip Paswan Son of Harendra Paswan Resident of Village- Patti Bandhu Rai, Post Office and Police Station- Goraul, District- Vaishali, (Beat No.- 01/02).

11.

Vikash Kumar Son of Late Mahendar Rai Resident of Village- Khirkhaun, Post Office- Barispur, Police Station- Bhagwanpur, District- Vaishali, (Beat No.- 04/04).

12.

Rajesh Kumar Mahto Son of Late Ranjeet Mahto Resident of VillageMohammadpur, Rohua, Post Office- Sahtha, Police Station- Bhagwanpur, District- Vaishali, (Beat No.- 02/11).

13.

Arvind Kumar Paswan Son of Prabhu Paswan Resident of Village- Kuttupur, Post Office- Gajraul, Police Station- Bhagwanpur, District- Vaishali, (Beat No.- 03/08).

14.

Mohammad Sahalam Son of Mohammad Salim Resident of Village and Post Office- Manganpur, Police Station- Bhagwanpur, District- Vaishali, (Beat No.- 04/07).

... ... Petitioner/s

Versus

Patna High Court CWJC No.14313 of 2022(2) dt.13-02-2024 2/3 1.

The State of Bihar.

2.

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

The District Magistrate Vaishali, Hajipur.

4.

The Deputy Collector, Incharge District General Section Vaishali, Hajipur. 5.

The Superintendent of Police Vaishali, Hajipur. 6.

The Circle Officer Bhagwanpur, Vaishali.

7.

The Officer-in-Charge, Police Station- Bhagwanpur District- Vaishali. 8.

The Officer-in-Charge, Police Station- Sarai District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajey Kumar, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad ( Sc 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ of mandamus directing/commanding the Respondents to consider and give benefits of MACP(S) to the petitioners along with its consequential financial benefits such as Arrears of salary, etc. without any further delay from the date they are found entitled for the same, since all these petitioners have been rendering continuous service on the post of Chaukidar to the Respondents, and the post of Chaukidar has been declared Government Servants w.e.f. 01.01.1990 and further pleased to grant such other relief or reliefs for which petitioners are found entitled in the eyes of law..."

2.

At the outset, the learned counsel for the respondent-State has submitted by referring to paragraph no.5 of

Patna High Court CWJC No.14313 of 2022(2) dt.13-02-2024 3/3 the counter affidavit filed in the present case that the cases of the petitioners and others have been sent to the Deputy Collector, Incharge District General Section, Vaishali, Hajipur, both for confirmation of their services and for grant of the benefits of ACP/MACP, hence it is submitted that appropriate decision shall definitely be taken, within a period of four weeks from today, in case no final decision has yet been taken. It is directed, accordingly.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U