Sher Mohammad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16187 of 2025 ====================================================== Sher Mohammad Ansari Son of Md. Abbas Ansari, Resident of Barah Patthar (Near Pani Tanki), Dehri, P.O. and P.S. Dehri-On-Sone, District-Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Director General of Police, Bihar, Patna. 3.

The Director General of Police, Bihar Special Armed Police, Bihar, Patna. 4.

The Inspector General of police, Bihar Special Armed Police, Bihar, Patna. 5.

The Dy. Inspector General of Police, Bihar Special Armed Police (Central Division), Patna.

6.

The Commandant, Bihar Special Armed Police-5, Patna, Bihar. 7.

The Superintendent of Police, Rohtas at Sasaram. 8.

The Dy. Superintendent of Police, Bihar Special Armed Police-5, Patna, Bihar.

9.

The S.H.O. Dehri Police Station, Dehri On-Son, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Respondent/s :

Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 08-12-2025 The petitioner is a retired Head Constable of Armed Police in the State of Bihar.

2. It is the case of the petitioner that in the first part of the year 2020 he took leave. When he was on leave, COVID pandemic started and nationwide lockdown was declared. As a result of lockdown, the petitioner could not join the headquarters of his place of posting. Under such unforeseen circumstances, an order was issued on 4th April, 2020 by the

Patna High Court CWJC No.16187 of 2025(2) dt.08-12-2025 2/3 Inspector General (I.G.), Bihar, Armed Police, Patna directing similarly situated police personnel along with the petitioner to report joining in the local police station from where they went on leave.

3. On the basis of the said order, the petitioner joined Dehri Nagar, Police Station in the District of Rohtas on 3rd April, 2020 and performed his duty till 12th June 2020. The said fact can be assessed from Annexure-P4, being a copy of the General Diary of the concerned Police Station showing his joining and release from Dehri Nagar, Police Station. He claimed salary for 51 days but it was not paid by the police authority. Such demand made by the petitioner was followed by representations.

4. An enquiry was held and vide an Annexure-P12, entire claim of the petitioner was accepted by the respondentauthority. Still, he has not been paid the salary for 51 days to which he is entitled.

5. I have heard, the learned Advocate from the petitioner and the learned Advocate on behalf of the Staterespondents. There is no iota of doubt that the petitioner performed his duty, as per the Departmental Order, dated 4th April, 2020 (Annexure-P3). So, he is entitled to get his salary

Patna High Court CWJC No.16187 of 2025(2) dt.08-12-2025 3/3 for 51 days.

6. Considering such aspect of the matter, the instant writ petition is allowed.

7. The respondent no. 6 is directed to take a fresh decision and release the payment of 51 days in favour of the petitioner, within six weeks from the date of this order. (Bibek Chaudhuri, J.) Jyoti Kumari/- U