Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20758 of 2021 ====================================================== 1.

Mohan Paswan Son of Late Radhe Paswan Resident of Village Mohammadpur, P.S. Ahiyapur, P.O. Jhapaha, District-Muzaffarpur 2.

Jangbahadur Rai Son of Late Chulhai Rai Resident of Village-Fatehpur, P.S. Ahiyapur,District-Muzaffarpur.

3.

Vijay Kumar Son of Late Bihari Rai Resident of Village-Rusalpur, P.S. Ahiyapur,District-Muzaffarpur.

4.

Phul Kumari Devi Wife of Late Ram Swarat Rai Resident of VillageBahadurpur, P.S. Ahiyapur,P.O. Mirzapur District-Muzaffarpur. 5.

Sakindar Ram Son of Mahavir Ram Resident of Village-Habibullah, P.S. Ahiyapur,District-Muzaffarpur.

6.

Baleshwar Paswan Son of Shambhu Paswan, Resident of Village Sandullapur, P.S. Ahiyapur, District-Muzaffarpur. 7.

Jainul Miyan Son of Jamarati Miyan Resident of Village-Patiyasa, P.S. Mirzapur, District-Muzaffarpur.

8.

Sukhdev Ram Son of Sri Jittu Ram Resident of Village-Bathna, P.S. Ahiyapur,District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through, Principal Secretary Home Department Govt. of Bihar Old Secretariat, Patna.

2.

The District magistrate, Muzaffarpur.

3.

The Super-intendent of Police, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mani Bhushan Kumar, Advocate For the Respondent/s :

Mr. Ajay Kumar, AC. to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-05-2022 Heard learned counsel for the respective parties.

2. State counsel accepts notice for respondent Nos. 1 to 3.

Patna High Court CWJC No.20758 of 2021 dt.09-05-2022 2/3

3. In the instant petition, petitioners have prayed for the following relief/reliefs:

"That this writ application is being filed for the direction to the Respondents to give A.C.P./M.A.C.P. to the petitioners who are working on the post of Chowkidar in Police Department Govt. of Bihar and to issue appropriate Writ/Writs, Direction/Directions as your lordships may deem fit and proper."

4. In respect of aforesaid relief, the petitioners were stated to have submitted representation vide Annexure 9, dated 19.08.2021 before the District Magistrate, Muzaffarpur.

5. Second respondent - The District Magistrate, Muzaffarpur is hereby directed to decide the petitioners' representation within a period of three months with reference to each of the petitioners' service particulars read with the Policy/Rules relating to A.C.P./M.A.C.P. If the petitioners are otherwise eligible for the benefit of A.C.P./M.A.C.P., the same shall be calculated and disbursed along with interest @ 6 % per annum. If petitioners/any of the petitioner is not entitled with reference to service particulars read with the A.C.P./M.A.C.P. guidelines/Rules, in that event, necessary speaking order shall be passed and communicated to the respective petitioner.

Patna High Court CWJC No.20758 of 2021 dt.09-05-2022 3/3

6. The above exercise shall be completed within a period of three months.

7. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 12.05.2022 Transmission Date