Devwrat Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14785 of 2025 ====================================================== 1.

Devwrat Kumar, son of Sri Mahesh Prasad Thakur, resident of villageAganagar, P.S-Maniyari, District- Muzaffarpur, at present posted as Havildar, BSAP-6, Muzaffarpur.

Sanjeet Prasad, son of Mahendra Mahto, resident of BSAP-14, Patna, P.SPhulwari, District-Patna at present posted as Havildar, BSAP-6, Muzaffarpur Ajay Kumar Shahi, son of Late Nand Kishor Shahi, resident of villageRampur Uttar, P.S- Rampur Hari, District- Muzaffarpur, at present posted as Havildar, BSAP-6, Muzaffarpur, Vijay Kumar Singh, son of Chamru Singh, resident of ward no.17 Paspura, P.S- Paspura, District- Begusarai, at present posted as Havildar, BSAP-6, Muzaffarpur 5.

Chit Ranjan Tiwari, son of Nageshwar Tiwari, resident of mohalla- New Durgapuri, Road No.8, Kanhauli Bishnu Dutt, P.S- Kanhauli, DistrictMuzaffarpur at present posted as Havildar, BSAP-6, Muzaffarpur, 6.

Ram Kant Poddar, son of Sri Panchanand Poddar, resident of villageKalarampur, P.S-Kalarampur, District- Munger, at present posted as Havildar, BSAP-6, Muzaffarpur, 7.

Dev Lal Paswan, son of Ramsohag Paswan, resident of village- Aganagar, P.S- Maniyari, District- Muzaffarpur, retired from BSAP-6, Muzaffarpur. 8.

Ajay Kumar Shrivastava, son of Late Mahesh Prasad Shrivastava, resident of village- Vijay Ghorasahan, P.S- Ghorasahan, District- East Champaran, retired from the post of Havildar, BSAP-6, Muzaffarpur, 9.

Arun Kumar Singh, son of Ramashray Singh, resident of villageAthmalgola Bazar, P.S-Athmalgola, District- Patna, at present posted as Havildar, BSAP-6, Muzaffarpur, 10.

Binay Kumar Singh, son of Rajendra Singh, resident of village- Ramnagar Diayara, P.S-Athmalgola, District- Patna, at present posted as Havildar, BSAP-6, Muzaffarpur 11.

Harnandan Kumar, son of Late Ramashish Paswan, resident of villageParnawa, P.S-Sarmera, District- Nalanda, at present posted as Havildar, BSAP-6, Muzaffarpur, 12.

Madan Mohan Choubey, son of Prashidh Narayan Choubey, resident of village- Chaube Tola, Sadatpur, P.S- Kanti, District- Muzaffarpur, at present posted as Havildar, BSAP-6, Muzaffarpur 13.

Umesh Singh, son of Rajendra Prasad Singh, resident of village- Manipur, Rahimpur, P.S-Vaishali, District- Vaishali, at present posted as Driver Havildar, BSAP-6, Muzaffarpur, 14.

Uday Shankar Singh Kushwaha, son of Lakshmi Singh Kushwaha, resident of village- Kisunpur Madhuban, P.S- Turki OP, District- Muzaffarpur, at present posted as Driver Havildar, BSAP-6, Muzaffarpur, 15.

Kanhaiya Choubey, son of Pandit Gular Choubey, resident of village- Lal Saraiya, P.S-Majhauliya, District- West Champaran, at present posted as ASI Transport, BSAP-6, Muzaffarpur 16.

Suman Jha, son of Braj Kishor Jha, resident of village-k Baghi Biguia, P.SSugauli, District-East Champaran, at present posted as Havildar, BSAP-6, Muzaffarpur,

2/4 17.

Kameshwar Tiwari, son of Shiv Ji Tiwari, resident of village- Nainwa, P.SChenpur, Daltenganj, District- Plamu, Jharkhand, at present posted as Havildar, BSAP-6, Muzaffarpur, 18.

Dayanand Sharma, son of Hakru Prasad Sharma, resident of village- Borwa, P.S- Jagatpur, District- Bhagalpur at present posted as Havildar, BSAP-6, Muzaffarpur 19.

Rajesh Kumar Singh, son of Guput Singh, resident of village- Baligaon, P.SAyar, District- Bhojpur, at present posted as Havildar, BSAP-6, Muzaffarpur, 20.

Shrikant Sharma, son of Late Krishnandan Sharma, resident of villageBenibigha, P.S-Vikram, District- Patna, at present posted as Havildar, BSAP-7, Katihar, 21.

Sanjay Kumar Singh, son of Bhagwat Singh, resident of village- Ghataro, P.S- Lalganj, District-Vaishali, at present posted as Havildar, BSAP-7, Katihar, 22.

Naresh Kumar Singh, son of Ramadhin Singh, resident of village- Ganwan, P.S- Ganwan, District-Giridih, Jharkhand, at present posted as Havildar, BSAP-6, Muzaffarpur 23.

Nawal Kishor Singh, son of Devendra Prasad Singh, resident of villageSambhupur Quari, P.S-Sarai District- Vaishali. 24.

Shaukat Ali Khan, son of Wasi Ahmad Khan, resident of village- Ahilwara, P.S- Biraul, District- Darbhanga, at present Havildar, BSAP-6, Muzaffarpur. ... ... Petitioners

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna.

The Director General of Police, Bihar, Patna. The Director General Of Police, BSAP, Bihar, Patna, The Inspector General of Police, BSAP, Bihar, Patna 5.

The Deputy Inspector General of Police, BSAP, North Region, Muzaffarpur 6.

Commandant, BSAP-6, Muzaffarpur 7.

Commandant, BSAP-7, Katihar ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Vinay Ranjan, Advocate For the Respondents :

Mr. Shiv Kumar, A.C. to G.A.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-10-2025 Heard learned counsel for the petitioners and learned counsel for the State.

3/4 This writ petition has been filed for the following reliefs:- "Directing and commanding the respondent authorities to restore the pay fixation of Rs.4000-6000/- as the petitioners were/are entitled to 1st A.C.P. in the pay scale of Rs.40006000/- which was already allowed to them by the respondents by implementing the judgment/order dated 26.04.2024 passed in L.P.A. No.458/2021 arising out of C.W.J.C. No.1744 of 2020 (Sri Kant Dubey & Ors. vs.

The State of Bihar & Ors.) passed by the Division Bench of this Hon'ble Court and the petitioners of the present writ application are similarly situated to the appellants/petitioners of said LPA as per Clause-4-c(1) of the Bihar Litigation Policy, 2011 issued under resolution dated 31.03.2011 by the State Government with all consequential benefits and further for issuance of any other appropriate writ or writs, order or orders it may deem fit and proper by this Hon'ble Court."

The petitioners are permitted to represent before the respondent authorities by way of filing representation within two weeks from today in view of the judgment of this Court dated 26.04.2024 passed in L.P.A. No.458 of 2021 (Annexure-6 to this writ petition). If such representation is filed, the respondent authorities shall consider and decide the same

4/4 within eight weeks from the date of filing of such representation. While examining the case of the petitioners, if the respondent authorities find that the case of the petitioners is similar to the persons who have succeeded in L.P.A. No.458 of 2021 and have been granted the benefit, then the petitioners shall also be granted the same and similar benefits. With the aforesaid observations and directions, this writ petition stands disposed of. (Sandeep Kumar, J) pawan/- U