Patna High Court
Sagar LohraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
Patna High Court CWJC No.12269 of 2025(3) dt.02-04-2026
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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/-
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