Bihar Raksha Vahini Swaym Sevak Sangh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25545 of 2019 ====================================================== 1.

Bihar Raksha Vahini Swaym Sevak Sangh, Kendriy Samiti Bihar, Patna, through General Secretary, namely Sudeshwar Prasad, aged about 60 years, Male, Son of Ramjatan Prasad, Office address Budh Marg, behind Paral Cinema, New Market, Patna-1, Permanent address- Karai, Naubatpur, Karai, Patna.

2.

Devendra Singh, Son of Ishwar Singh, Residence of Village Pawa, P.S.- Pawa, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department (Special Branch), State of Bihar at Patna.

2.

The Director General cum Commandant General, of Home Guard, Bihar, Patna.

3.

The Inspector General of Home Guard, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Respondent/s :

Mr.Md.N.H.Khan (SC-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2019 Heard learned counsel for the petitioners and the State.

The petitioners are aggrieved by arbitrary action on the part of the respondents in the matter of payment of revised duty allowance in terms of Memo No. 9989 dated 6.11.2018 and the minimum revised pay prescribed vide memo no. 8654 dated 24.10.2019 and also for release of arrears.

If the respondents have taken decision to grant duty allowance and prescribed the minimum revised pay, they are obliged to follow it on uniform basis. They cannot be allowed to

Patna High Court CWJC No.25545 of 2019(2) dt.20-12-2019 2/2 adopt pick and choose and discriminate any citizen. Since the petitioners are relying upon the decision of the respondents, the respondents are hereby directed to take appropriate decision with regard to the claim of the petitioners within a period of three months from the date of receipt/production of a copy of this order.

It shall be obligation of the respondent Nos. 1 and 2 to take appropriate corrective measures in accordance with their own policy decision within the same time.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U