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Patna High Court
Ratanjay Kumar Singh vs The State Of Bihar on 28 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11497 of 2025
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1. Ratanjay Kumar Singh son of Jyotish Prasad Singh, Resident of village
Madrauni, P.S. Rangara Chauk, District- Bhagalpur.
2. Rajendra Singh, son of Late Bhopal Singh, Resident of village- Kahkhot,
P.S. Berinag, District-Pitiragarh (U.K.).
3. Ram Chhetri, son of Dhan Bahadur Chhetri, Resident of Carrset Colony, P.S.
Bama Mines Tatanagar, District- East Singhbhum (Jharkhand).
4. Raj Bahadur Chhetry, son of Lok Bahadur Chhetry, Resident of J.A.P-1,
Doranda, P.S.- Doranda, District- Ranchi (Jharkhand).
5. Dharmendra Thapa, son of Durga Prasad Thapa, Resident of Nawada, P.S.-
Dehradun, District- Dehradun (U.K).
6. Ram Krishna Kunwar, son of V. Kunwar, Resident of J.A.P-1, Doranda, P.S.
Doranda, District- Ranchi (Jharkhand).
7. Sonam Chhetry, son of Late Tek Bahadur Chhetry, Resident of Basla, P.S.
Patratu, District- Hazaribagh (Jharkhand).
8. Birbal Bahadur Gurung, son of Late Itay Bahadur Gurung, Resident of
Namjum Road, Bara Ghaghra, P.S.-Doranda, District- Ranchi (Jharkhand).
9. Praveen Kumar Giri, son of Hom Prasad Giri, Resident of Ramgarh College,
P.S.- Ramgarh Cantt, District-Ramgarh (Jharkhand).
10. Saroj Kumar Chhetry, son of Late Ashok Chhetry, Resident of 23/37A Near
Indra Gupta Clinic, Dibadih, P.S.-Doranda, District- Ranchi (Jharkhand).
11. Deepak Kumar Gurung, son of Ram Bahadur Gurung, Resident of Jap-1
Purana Line, P.S.- Doranda, District- Ranchi (Jharkhand).
12. Kuber Kumar Mishra, son of Late Braj Nath Mishra, Resident of Ram Nagar
Bazar, P.S.- Kumarkhand, District- Madhepura.
13. Parmendra Singh Thapa, son of Late Kalam Singh Thapa, Resident of
Prempur Mafi, P.S.- Caricant, District- Dehradun (U.K.).
14. Gopal Singh, son of Ram Bahadur Singh, Resident of Harpur Midhi New
Basti, P.S.- Kotwali, District- Ballia (U.P.).
15. Kishore Sherpa, son of Late D. Sherpa, Resident of Birsanagar, P.S.-
Tatanagar, District- Purbi Singhbhum (Jharkhand).
16. Suraj Rai, son of G.B. Rai, Resident of J.A.P.-1, Doranda, P.S.- Doranda.
District- Ranchi (Jharkhand).
17. Nikhlesh Rana, son of Rakesh Rana, Resident of J.A.P.-1, camp, P.S.-
Doranda, District- Ranchi (Jharkhand).
18. Dinesh Moktan, son of Budhiman Moktan, Resident of Upper Delap Reshi
Road, P.S.- Pedong, District- Kalimpong, (W.B).
19. Indeep Kumar Gurung, son of Bhim Bahadur, Gurung, Resident of J.A.P.-1,
P.S.-Doranda, District-Ranchi (Jharkhand).
20. Ravi Bahadur Thapa, son of Late Dal Bahadur Thapa, Resident of Aaraji
Sarkar Bairhwa, P.S.-Nautanwa, District- Maharajganj (U.P.).
21. Dick Bahadur Biswa, son of Jasram Biswa, Resident of Nim Khasmahal,
P.S.- Fagu, District- Darjeeling (W.B.).
Patna High Court CWJC No.11497 of 2025 dt.28-07-2025
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22. Ranjan Thapa, son of Late Dal Bahadur Thapa, Resident of Resident of
J.A.P.-1, camp, P.S.-Doranda, District- Ranchi (Jharkhand).
23. Rajen Tamang, son of Man Bahadur Tamang, Resident of Upper Fagu Munsi
Gaon, P.S.- Gorubathan, District- Kalimpong (W.B).
24. Raja Thapa, son of K.S. Thapa, Resident of Resident of J.A.P.-1, P.S.-
Doranda, District- Ranchi (Jharkhand).
25. Raj Kumar Bhujel, son of Late Kancha Bhujel, Resident of Amrit Gram
Golai Gaon, P.S.- Sadar, District-Darjeeling (W.B.).
26. Ravi Gurung, son of Rajindra Singh Gurung, Resident of Resident of J.A.P.-
1, P.S.-Doranda, District-Ranchi (Jharkhand).
27. Min Bahadur Thapa, son of Pum Bahadur Thapa, Resident of Resident of
J.A.P.-1, P.S.-Doranda, District-Ranchi (Jharkhand).
28. Khem Bahadur Sahi, son of S.B. Sahi, Resident of Resident of Gondawana
Palace, P.S.-Doranda, District-Ranchi (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna.
2. The Director General of Police, Bihar, Patel Bhawan, Bailey Road, Patna.
3. The Director General of Police, Bihar Special Arms Police (BSAP), Patel
Bhawan, Bailey Road, Patna.
4. The Inspector General of Police Bihar Special Arms Police, Patel Bhawan,
Bailey Road, Patna.
5. The Deputy Inspector General of Police (Central Range) Bihar Special Arms
Police, Patna Patel Bhawan, Bailey Road, Patna.
6. The Commandant, Bihar Special Arms Police-01, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh, Adv.
For the Respondent/s : Mr. Anuj Kumar, AC to SC-12
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 28-07-2025
Heard the parties.
2. The petitioners before this Court are working as
Hawaldar/ASI in Bihar Special Arms Police - 01 (BSAP-01),
which was earlier known as Bihar Military Police (BMP); they
have preferred the present writ petition seeking a direction upon
Patna High Court CWJC No.11497 of 2025 dt.28-07-2025
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the respondent authorities, as follows:-
"(A) To implement the
Judgment/order dated 26.04.2024 passed in
LPA No-458 of 2021 (arising out of CWJC
No-1744 of 2020 Srikant Dubey and others
Vs The State of Bihar and others) by the
Division Bench of this Hon'ble Court and
grant same relief with respect to the present
petitioners also as all of them are similarly
situated to the appellant/petitioners of LPA
No-458/2021/CWJC No-1744 of 2020 and as
such the respondents are duty bound to
extend them also all consequential benefits
i.e. refund of recovered amounts, if any and
restore the pay-fixation in the light of the
facts that the petitioners were/are entitled to
1 ACP in the scale of Rs.4000-6000/- which
was already allowed to them by the
respondents upon completion of 12 years of
their respective services.
(B) To hold that the petitioners are
covered by the judgment/order dated
26.04.2024
passed by the Division Bench of
this Hon’ble Court in LPA No-458 of 2021
and therefore, as per Clause-4.C(1) of the
Bihar Litigation Policy, 2011 issued under
resolution dated 31.03.2011 by the State
Govt. they are also entitled to be given the
same and similar benefits as has been given
to the appellants/petitioners of LPA No-458
of 2021 and many others as any
discrimination with the petitioners would
amount to violation/breach of the Bihar
Litigation Policy, 2011 by the respondent
authorities beside being violative of Article-
14 and 16 of Constitution of India.”
3. Mr. Abhay Shankar Singh, learned Advocate for the
petitioners submitted that the position is admitted that the issue
involved in the writ petition came to be settled by the learned
Division Bench of this Court in LPA No. 458 of 2021 (Srikant
Patna High Court CWJC No.11497 of 2025 dt.28-07-2025
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Dubey @ Shri Kant Dubey & Ors. Vs. The State of Bihar &
Ors., which mandates as follows:-
“8. Reading of the aforementioned
paragraph-661 read with the fact that the
appellants were appointed in the year 1986-
1993 with Matriculation qualification and
they deemed to be Writer Constable in the
light of the aforementioned provisions.
Therefore, it is not appropriate for the
official respondents to withdraw the 1″ ACP
granted in the year 2002-2003 in the light of
later policy decision in the year 2004 insofar
as seeking option to Writer Constable or
Ordinary Constable. In other words as on
2002-2003, the appellants have fulfilled
relevant criteria for the purpose of claiming
ACP benefit and it was already granted.
Therefore, irrespective of exercising option
by the appellants either to Writer or Ordinary
Constable and they may be retained in the
Ordinary Constable in not exercising option
with reference to the year 2004 that would
not be hurdle insofar as extending 1” ACP
benefit in the year 2002-2003. These material
information have not been taken note of by
the learned Single Judge while deciding the
appellants writ petition.
9. In the light of the decision of the
Hon’ble Supreme Court in the case of
Amresh Kumar Singh & Ors. vs. The State
of Bihar & Ors., reported in 2023(2) PLJR
(SC) 423, for claiming ACP benefit,
employee need not fulfill the eligibility
criteria for promotion to the next higher
cadre. In other words, if an employee is
stagnated in a particular cadre for 12 and 24
years. Therefore, the official respondents
insisting that appellants have not passed
certain prescribed examination for promotion
would not be a hurdle. Further, we have
noticed that from the year 1993 to 2003, the
official respondents have not undertaken to
conduct departmental examination so as to
enable the appellants and similarly situated
persons to participate in the process of
departmental examination and get eligibility.
Therefore, there is fault on the part of the
official respondents in not conducting
departmental examination timely.
Acquisitioning of qualification like pass in
departmental examination by the Appellants
Patna High Court CWJC No.11497 of 2025 dt.28-07-2025
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was beyond their control. This issue would
not be hurdle for the purpose of extending 1″
ACP to the appellants in the light of the cited
decision.
10. In view of the above
circumstances, the appellants have made out
a case. Accordingly, the present L.P.A. stands
allowed. The orders of the learned Single
Judge dated 16.04.2021 passed in C.W.J.C.
No.6910 of 2020 and analogous cases stands
set aside and C.W.J.C. No.1744 of 2020 filed
by the appellants are allowed.
11. The concerned respondents are
hereby directed to refund the recovered
amounts, if any, to the respective appellants
within a period of three months from the date
of receipt of copy of this order and so also
restore the pay-fixation in the light of the fact
that the appellants are entitled to 1″ ACP in
the year 2002-2003. Thereafter, proceed to
re-fix their pay/pension and difference of
amount shall be calculated and disbursed
within a period of four months.”
4. It has further been informed to this Court that
despite the issue having been settled by this Court, the
petitioners are being compelled to approach this Court to get an
order from this Court and the respondent authorities are hell
bent on to defy the mandate of the terms of Clause-4.C(1) of the
Bihar Litigation Policy, 2011. Learned Advocate further referred
the decision rendered by the Full Bench of this Court in the case
of Amresh Kumar Singh Vs. The State of Bihar & Ors., (2018)
2 PLJR 929. The relevant extract of the order is encapsulated
hereunder for worth benefitting;
“The Bihar State Litigation
Policy, 2011, as indicated hereinabove,
mandates that all similarly situated
employees should be granted the benefit of
covered matters and if orders of the Court
Patna High Court CWJC No.11497 of 2025 dt.28-07-2025
6/7have been implemented in case of certain
litigants, it should be implemented in respect
of all other identically situated persons. If the
State Litigation Policy is to be implemented,
we have no hesitation in holding that the
present respondents should also be dealt with
in identical fashion i.e. respondent Surendra
Prasad Mahto @ Surendra Pd. Mahto in
L.P.A. No. 1509 of 2009 and the appellant
Amarish Kumar Singh in L.P.A. No. 1028 of
2007 in identical situation and once on
21.4.2011 a Division Bench of this Court in
all other cases has granted benefit to the
employees, there is no reason to go into the
legal questions involved in the matter and
answer them when we find that in the cases
of twenty-eight employees the benefit has
been granted to them by virtue of the orders
passed by this Court.”
5. It is further contended that identical set of persons
have also approached this Court in CWJC No. 4620 of 2025 and
their cases have already been disposed off in terms with the
aforenoted LPA No. 458 of 2021 and they have been extended
the identical reliefs set forth in their writ petitions.
6. Learned Advocate for the State, at this juncture,
fairly submitted that since the petitioners have already
approached before the authorities concerned, their cases shall be
considered in the light of the decisions rendered by the Division
Bench of this Court and in case their claim are found to be
identical, similar reliefs be accorded to them.
7. Considering the submissions set forth by the
learned Advocate for the respective parties and taking note of
Patna High Court CWJC No.11497 of 2025 dt.28-07-2025
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the settled position, as has been held in the case of Srikant
Dubey @ Shri Kant Dubey & Ors. (supra), the present writ
petition stands disposed off, directing the respondent no. 2 to
consider the claim of the petitioners in terms with Clause 4.C(1)
of the Bihar State Litigation Policy, 2011 and on being found
favour, extend the benefit of admissible pay scale in the light of
the decisions rendered by the learned Division Bench of this
Court in LPA No. 458 of 2021 as well as CWJC No. 4620 of
2025, preferably within a period of eight weeks, from the date
of receipt/production of a copy of this order, in accordance with
law.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2025 Transmission Date NA
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