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Patna High Court

Sagar LohraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the writ petition could not be decided on merits and directed the respondent to issue a reasoned order on the petitioners' representation within 90 days.

Summary

A group of 31 police personnel filed a writ petition in the Patna High Court seeking a mandamus directing the State to re‑fix their pay scales in the 4000‑6000 range as 1st ACP and to grant MACP benefits, asserting that they belong to the literate cadre and should receive the same benefits as applicants in LPA No. 458 of 2021. The petitioners claimed that their representation filed before the Director General of Police had not been acted upon, and they sought a declaration of their entitlement to higher pay scales. The State argued that a committee had been constituted to consider the petitioners’ and similarly situated persons’ cases and that a decision would be forthcoming. After hearing both sides, the Court disposed of the writ petition, directing the Additional Director General of Police (Military Police) to pass a reasoned order on the pending representation within 90 days. No substantive order on the merits of the pay‑scale claim was made, and the petition was left pending for administrative determination.

Issues considered

  • The petitioners' entitlement to be placed in the 4000‑6000 pay scale as 1st ACP under the literate cadre.
  • Whether the petitioners are eligible for MACP benefits similar to those granted in LPA No. 458 of 2021.
  • The adequacy of the representation filed before the Director General of Police and the requirement for a reasoned order.
  • The appropriate judicial remedy, i.e., issuance of a writ of mandamus versus directing administrative action.

Subjects

  • pay scale
  • literate cadre
  • MACP
  • mandamus
  • representation
  • Bihar
  • Patna High Court
  • civil writ jurisdiction
  • police service

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12269 of 2025
     ======================================================
1.    Sagar Lohra Son of Late Lakhiram Lohra, Resident of village- Mardu,
      Police Station - Sillee, District- Ranchi and Presently working as Assistant
      Sub-Inspector, BSAP-05, Patna.
2.   Manoj Kumar Singh Son of Late Ram Kumar Singh, Resident of Village-
     Chechar, Police Station - Bidhupur, District- Vaishali and Presently working
     as Havildar, BSAP- 05, Patna.
3.   Manoj Kumar Manjhi, Son of Late Radha Govind Majhi, Resident of
     Tanashi, Police Station- Jhalda, District- Purulia (W.B.), and Presently
     working as Havildar, BSAP-05, Patna.
4.   Subhash Kumar, Son of Janak Bahadur, Resident of Village Rupaspur,
     Police Station - Rupaspur, District - Patna and Presently Posted as Havildar,
     BSAP- 05, Patna.
5.   Brajesh Kumar Singh, Son of Raghunath Singh, Resident of Village-
     Bicikalan, Police Station- Dinara, District- Rohtas and Presently Working as
     Havildar, BSAP- 05, Patna.
6.   Ram Bahadur Tamang, Son of Late Man Bahadur Tramang, Resident of
     J.A.P 01 Daranda, Police Station - Doranda, District- Ranchi, (Jharkhand)
     and Presently working as Havildar, BSAP- 05, Patna.
7.   Md. Jawed Akhtar, Son of Late Md. Rustam, Resident of Village- Mirjapur
     Bardha, Police Station -Muffasi, District- Munger, and Presently working as
     Sub-Inspector, BSAP- 05, Patna.
8.   Md. Hasim Khan, Son of Md. Sahid Khan, Resident of Village- Ranisagar,
     Police Station - Sagur, District- Bhojpur (Ara) and Presently Working as
     Sub-Inspector, BSAP- 05, Patna.
9.   Dan Singh, Son of Late Ganga Singh, Resident of village- Basikhet, Police
     Station - Berinag, District- Pithauragarh (Uttarkhand) and Presently working
     as Havildar, BSAP- 05, Patna.
10. Ramnarayan Singh, Son of Late Mahabir Singh, Resident of village-
    Khareyodeh, Police Station- Herodeh, District - Gerideh (Jharkhand) and
    Presently retired from Havildar, BSAP-05, Patna.
11. Kamal Kant Mishra, Son of Late Satya Narayan Mishra, Resident of Village-
    Sagarpur, Police Station- Sakri, District- Madhubani and Presently retired
    from Havildar, BSAP- 05, Patna.
12. Madhava Nand Mishra, Son of Late Achyuta Nand Mishra, Resident of
    Village- Nauwagarhi, Choroun, Police Station - Muffasil, District- Munger
    and Presently retired from Havildar, BSAP- 05, Patna.
13. Umesh Prasad Singh, Son of Kamta Prasad Singh, Resident of Village-
    Bakra, Police Station - Bind, District- Nalanda and Presently retired from
    Havildar, BSAP-05, Patna.
14. Suresh Kumar Singh, Son of Late Kishun Singh, Resident of village -Udhar,
    Police Station- Sunhan, District- Bhabhua (Kaimur) and Presently retired
    from Sub-Inspector, BSAP- 05, Patna.
15. Hembo Tigga, Son of Late Dase Tigga, Resident of Village- Bansjari, Police
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        Station - Mandar, District- Ranchi and Presently Working as Havildar,
        BSAP- 05, Patna.
  16. Umashankar Singh, Son of Late Suresh Prasad Singh, Resident of village -
      Chainpurva, Police Station- Avatar Nagar, District- Saran and Presently
      Working as Havildar, BSAP- 11, Jamui.
  17. Prem Sagar Singh, Son of Late Mahatam Singh, Resident of Village-
      Lalgadh, Police Station - Shayampur Bhataha, District - Sitamarhi and
      Presently Working as Assistant Sub-Inpsector, BSAP- 11, Jamui.
  18. Shukhdeo Mandal, Son of Late Girish Mandal, Resident of Village- Gardhi,
      P.S.- Ramnagar, District- Munger and Presently working as Havildar, BSAP-
      11, Jamui.
  19. Ramsuresh Sharma Son of Late Haridwar Sharma, Resident of Village
      -Chhoti Rukanpura, Police Station - Airport, District- Patna and Presently
      working as Havildar, BSAP-10, Patna.
  20. Ritu Kumar Thapa, Son of Late Lil Bahadur Thapa, Resident of village- Jail
      Camp, P.S. - Airport, District- Patna and Presently working as Sub-Inspector,
      BSAP- 10, Patna.
  21. Md. Rashid Ahmad, Son of Late Nassim Ahmad, Resident of Village-
      Gouragarh, Police Station - Biharsharif, District- Nalanda, and Presently
      working as Assistant Sub-Inspector, BSAP- 10, Patna.
  22. Md. Sajjad Alam, Son of Late Gulam Jilani, Resident of village- Nosha,
      Police Station - Phulwarisharif, District- Patna and Presently working as
      Sub-Inspector, BSAP- 10, Patna.
  23. Md. Mohiuddin, Son of Md. Sadique, Resident of Naya Tola,
      Phulwarisharif, Police Station -Phulwari Sharif, District- Patna and Presently
      retired from Havildar, BSAP- 10, Patna.
  24. Ramawadhesh Choudhary, Son of Late Nasau Choudhary, Resident of
      Village- Saidabad, Police Station - Shivsagar, District- Rohtas (Sasaram) and
      Presently working as Sub-Inspector, BSAP-14, Patna.
  25. Rajendra Das, Son of Late Saryug Ram, Resident of village- Andharwara,
      Police Station - Rajapakar, District- Vaishali and Presently Working as Sub-
      Inspector, BSAP- 14, Patna.
  26. Bhudhan Singh Sundi, Son of Jumbal Sundi, Resident of Village- Bara
      Guira, Police Station- Muffasi, District- West Simbhum (Jharkhand)
      Presently retired from Havildar, BSAP- 13, Darbhanga.
  27. Prem Narayan Mahto, Son of Late Moti Mahto, Resident of Village- Pirari,
      Police Station - Gaunaha, District- West Champaran, and Presently retired
      from Havildar, BSAP- 13, Darbhanga.
  28. Arun Kumar, Son of Late Ramadhar Sharma, Resident of Village-
      Bhawanpur, Police Station - Tekari, District- Gaya and Presently working as
      Assistant Sub-Inspector, BSAP- 01, Patna.
  29. Govind Mahli, Son of Late Ahalad Mahli, Resident of Village- Gopi Toli,
      Police Station- Kuru, District- Lohardagga (Jharkhand) and Presently retired
      from Sub-Inspector, BSAP- 17, Bodhgaya.
  30. Jogendra Singh Thapa, Son of J.B. Thapa, Resident of Chaki No. 04, Raipur,
      Dehradun, P.S.- Raipur, District- Dehradun (Uttrakhand) and Presently
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                 working as Sub-Inpsector SDRF, Bihta, Patna.
           31. Umesh Sharma, Son of Bhuneshwar Sharam, Resident of Village -
               Vijaypura, P.S.- Dhanuraa, District- Patna, and Presently working as
               Havildar, BSAP (Mahila), Sasaram, Rohtas.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Princpal Secretary, Department of Home (Police), Government of Bihar,
                 Patna.
           3.    The Principal Secretary, Department of Finance, Government of Bihar,
                 Patna.
           4.    The Home Secretary, Government of Bihar, Patna.
           5.    The Director General of Police, Bihar, Patna.
           6.    The Additional Director General of Police (Headquarter), Bihar, Patna.
           7.    The Deputy Inspector General of Police (Personal), Bihar, Patna.
           8.    The Additional Director General of Police (Military Police), Bihar Special
                 Armed Police, Bihar, Patna.
           9.    The Commandant, Bihar Special Armed Police- 05, Patna.
           10. The Commandant, Bihar Special Armed Police- 11, Jamui.
           11. The Commandant, Bihar Special Armed Police- 10, Patna.
           12. The Commandant, Bihar Special Armed Police- 14, Patna.
           13. The Commandant, Bihar Special Armed Police- 13, Darbhanga.
           14. The Commandant, Bihar Special Armed Police- 01, Patna.
           15. The Commandant, Bihar Special Armed Police- 17, Bodhgaya.
           16. The Commandant, SDRF, Bihta, Patna.
           17. The Commandant, Bihar Special Armed Police (Mahila), Sasram (Rohtas).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Suman Kumar Jha, Advocate
                 For the State           :        Mr. Mujtabaul Haque, GP-12
                                                  Mr. Pranoy Kumar, AC to GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   02-04-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. The present writ petition has been filed for the
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          following reliefs:-

                                              “i) For issuance of appropriate
                                  writ in the nature of Mandamus commanding
                                  the respondents to re-fix the pay scale of the
                                  petitioners in the scale of 4000-6000 as a 1st
                                  ACP in the scale of ASI/Hawaldar and to
                                  grant the benefit of MACP which is being
                                  paid to the petitioners in the scale by 4000-
                                  6000 in place of pay scale of 3200-4900.
                                              ii) To declare and hold that the
                                  petitioners falls under the literate cadre and
                                  accordingly, they are entilted to get 1st
                                  ACP/MACP in the scale 4000-6000 against
                                  the post of ASI/Hawaldar and the 2nd
                                  ACP/MACP in the scale of 5500- 9000
                                  against the post of S.I.
                                              iii) To grant the same benefits as
                                  the applicant of LPA No. 458 of 2021
                                  because all these petitioners have also been
                                  similarly appointed between the years 1982
                                  to 1992 except the petitioner no. 10, who is
                                  appointed in the year 1996.
                                              iv) And to grant any other
                                  relief/relief(s) for which the petitioners are
                                  found entitled in the facts and circumstances
                                  of the case.”
                      3. Learned counsel for the petitioner submits that, for

          the fulfillment of the petitioners’ grievances, a representation

          has been filed before Respondent No. 13, but till date no
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                   decision has been taken. Counsel further submits that a counter-

                   affidavit has been filed, but from the same it is not clear whether

                   any decision has been taken on the petitioners’ representation or

                   not.

                               4. Learned counsel for the State, on the other hand,

                   submits that, upon receipt of the representation at the level of

                   the Director General of Police, a committee has been constituted

                   to consider the case of the petitioners as well as other similarly

                   situated persons, and a decision shall soon be taken in their case.

                               5. In light of the pleadings made by the parties, the

                   present writ petition stands disposed of, with a direction to the

                   Additional Director General of Police (Military Police), Bihar

                   Special Armed Police, Bihar, Patna (Respondent No. 8) to pass a

                   reasoned and speaking order on the petitioners’ representation

                   within 90 days from the date of production of this order.



                                                                   (Dr. Anshuman, J.)

Aman Kumar/-

U


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