Moti Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19699 of 2012 ====================================================== Moti Thakur Son Of Late Ramashish Thakur Resident Of Village Kailitand, P.S. Bhagwanpur, Dist Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Education Department, Bihar, Patna.

2.

The Director General Of Police, Bihar, Patna 3.

The Inspector General Of Police , Bihar, Patna 4.

The Deputy Inspector General Of Police Human Right, Bihar, Patna 5.

The D.I.G. Of Police, Sahabad Range, Dehri On Sone 6.

The Superintendent Of Police, Rohtas 7.

The I.G., Darbhanga 8.

The D.I.G. Of Police, Darbhanga Range, Darbhanga 9.

The Superintendent Of Police, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nityanand, Advocate For the Respondent/s :

Mr. Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-04-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "A. A writ in the nature of certiorari or any other appropriate writ/s, order/s, direction/s for quashing the order dated 27.06.2012, contained in Memo No. 1989/P.-2, issued under the signature of Inspector General of Police (Head Quarter), Bihar, Patna, by

2/4 which the representation of the petitioner filed in the light of order dated 15.05.2012, passed in C.W. J. C. No. 5140 of 2012 has been refused to be considered (Annexure 7A to the petition).

B. A writ in the nature of mandamus or any other appropriate writ/s, order/s, directions/s commanding the respondents for the followings:- (i) To give promotion on the post of Sub Inspector of Police with effect from 1994, as the juniors as well as the contemporaries to the petitioner have been given promotion on the post of Sub Inspector of Police with effect from 1994.

(ii) To give all the consequential benefit, payable to the petitioner, on promotion, on the post of Sub Inspector of Police with effect from 1994.

(iii) To revise the pension of the petitioner admissible to him due to the effect of such promotion on the post of Sub Inspector of Police with effect from 1994.

(iv) To pay all the difference of salary / arrear which would be due on account of the promotion in question with statutory interest. C. Any other relief or reliefs for which the petitioner is found entitled."

3. Learned Counsel for the petitioner submits that due

3/4 to long pendency of the writ petition, petitioner died and time may be granted to file the substitution petition in this matter.

4. Learned Counsel for the State submits that the writ petition has been filed for granting promotion and it has been mentioned that the petitioner has earlier moved before this Hon'ble Court thrice for grant of promotion i.e. firstly in Civil Writ Jurisdiction Case No.3100 of 1998 which was disposed off vide order dated 12.01.1999. Then the petitioner filed MJC application no.1612 of 1999 for non-compliance of the order dated 12.01.1999 which was dismissed vide order dated 19.04.2001. Counsel further submits that petitioner again filed another writ petition before this Hon'ble Court bearing Civil Writ Jurisdiction Case No.7437 of 2005 which was dismissed vide order dated 04.10.2010. Counsel further submits that the petitioner again filed Civil Writ Jurisdiction Case No.5140 of 2012 which was disposed off vide order dated 15.05.2012.

Thereafter, petitioner filed the present writ petition bearing Civil Writ Jurisdiction Case No.19699 of 2012 and now, petitioner died and counsel seeks time for filing the substitution petition in this matter. Counsel further submits that on earlier occasion vide order dated 17.03.

4/4 same has not been filed till date.

5. In this view of the matter that for the same relief, petitioner has moved before this Court four times (including the present one), therefore, this Court is not inclined to interfere in this matter, and as such, this writ petition is hereby dismissed. (Dr. Anshuman, J) Divyansh/- U