Patna High Court
Sita Ram TiwaryversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is disposed without merits, directing the petitioners to file a fresh representation before the Additional Chief Secretary, Home (Police) Department.
Summary
Four members of the Bihar Anti‑Terrorist Squad filed a writ petition seeking a mandamus directing the Home (Police) and Finance Departments to pay them special risk allowance, arrears with interest, and penal interest as per Rule 20(1) of the Bihar Anti‑Terrorist Squad Rules, 2014 and related provisions. They claimed that their earlier representations to the authorities had not been acted upon. The State argued that the representations were filed before an improper authority (the ADGP) instead of the Home Department. The High Court, without examining the merits, disposed of the petition, directing the petitioners to file a fresh representation before the Additional Chief Secretary, Home (Police) Department within 30 days, and ordering that department to pass a reasoned order within 90 days. Consequently, the writ application was dismissed.
Issues considered
- Whether the writ petition is maintainable when the petitioners have not filed a representation before the proper authority.
- Whether the court should direct the petitioners to file a fresh representation before the Additional Chief Secretary, Home (Police) Department.
Subjects
- risk allowance
- anti‑terrorist squad
- mandamus
- representation
- administrative law
- Bihar
- special allowance
- arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2185 of 2022
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1. Sita Ram Tiwary Son of Shri Rishi Kesh Tiwary Resident of Village-
Manikapur, P.O. and P.S.-Chandan, District-Banka, Presently Residing at
Circular Road, Pokhnatilha, Near Soren Petrol Pump. Deoghar, P.O.-
Depghar, P.S.-Deoghar, District-Deoghar (Jharkhand).
2. Akhter Hussain Son of Late Ahmad Hussain Resident of Mohalla-Nautan,
P.O. Gohpur Bajrahiyan, P.S.-G.B. Nagar, District-Siwan.
3. Dr. Manoj Kumar Son of Ramesh Mahto, Resident of Mohalla-Nautan
Colony, P.O. Lohiya Nagar, P.S.-Kankarbagh, District-Patna.
4. Rajesh Kumar Son of Satya Narayan Prasad Resident of Vilalge-
Dhanmaniya, P.O.-Hemkunj, P.S.-Kishunpur, District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secreary, Home (Police)
Department, Government of Bihar, Patna.
2. The Additional Chief Secrerary, Home (Police) Department, Government of
Bihar, Patna.
3. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
4. The Director General of Police Government of Bihar, Patna.
5. The Additional Director General of Police, Anti-Terrorist Squad,
Governement of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Mishra, Adv.
Mr.Alok Abhinav, Adv.
Mrs.Diksha Kumari, Adv.
For the Respondent/s : Mr. Lalit Kishore (AG)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-01-2026 Heard Learned Counsel for the petitioners and
Learned Counsel for the State.
2. Learned Counsel for the petitioners submits that the
present writ petition has been filed with the following reliefs:-
(I) For issuance of a direction, order, or
writ, including writ in the nature of mandamus
commanding the concerned respondent authorities
under the Home (Police) Department and Finance
Department of the Government of Bihar to take steps
Patna High Court CWJC No.2185 of 2022(3) dt.07-01-2026
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towards making payment of special risk allowance
from the date of posting/joining in favour of the present
petitioners who are presently posted/deputed and
working in Anti Terrorist Squad, Bihar, Patna i.e.
under Respondent No.5 in terms of the provisions
contained under Rule- 20 (1) of the Bihar Anti Terrorist
Squad Rules, 2014 as contained in Notification/Memo
No. 6252 dated 25.07.2014 issued by the Home
(Police) Department, Government of Bihar, Patna and
also according to the provisions contained under Rule
2 (i), 2 (ii) and 2 (iii) of the Appendix-l of Bihar Anti
Terrorist Squad Rule, 2014 as contained in a
notification dated 30.07.2013 bearing Memo No.5723
issued by the concerned authorities under the Home
(Police) Department, Government of Bihar, Patna
along with the arrears with interest of the said
allowance as may be found admissible in favour of the
present petitioners in accordance with the law,
(II) For issuance of a direction, order or
writ, including writ in the nature of mandamus
commanding the concerned respondents authorities to
take steps towards making payments of arrears of risk
allowance along with interest as may be found
admissible in favour of present petitioners after
revising the same in accordance with the revised pay
scale as has been implemented within the State of
Bihar in pursuant to the decision taken by the State
Government in this regard w.e.f. 01.01.2016 following
the recommendation made by the Seventh Pay
Commission constituted by the State Government.
(III) For issuance of a direction, order or
writ, including writ in nature of mandamus
Patna High Court CWJC No.2185 of 2022(3) dt.07-01-2026
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commanding the concerned respondent authorities to
make payment of penal interest over and above the
amount of arrears as may be found admissible in their
favour of the present petitioners in lieu of risk
allowance admissible in his favour in term of
provisions as contained under Rule-20 (1) of the Bihar
Anti Terrorist Squad Rules, 2014 and letter dated
25.07.2014 bearing Memo No.6252 issued by the
Home (Police) Department, Government of Bihar,
Patna and the provisions contained under Rule 2(i),
2(ii) and 2(iii) of the Appendix-I of Bihar Anti Terrorist
Squad Rule, 2014 as contained in a Notification dated
30.07.2013 bearing Memo No.5723 issued by the
Home (Police) Department, Government of Bihar,
Patna.
3. Counsel for the petitioners further submits that he
seeks direction to the respondent authorities in the form of writ
of mandamus and for that he has already filed representation
before the authority concerned vide Annexure-5,6 & 7. When no
order has been passed in the said representation by the
concerned authorities, then he has filed the present writ petition
in the year 2022.
4. Counsel for the State submits that the
representation has not been filed before proper authority. Instead
of filing representation before the Home Department, he has
filed representation to the Additional Director General of Police
(ADGP).
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5. As such, without entering into merit or demerit of
this case, the present writ petition is hereby disposed off
directing the petitioners to file a fresh representation with all
details before the Additional Chief Secretary, Home (Police)
Department, Government of Bihar (respondent No.2) within 30
days along with this order and the respondent No.2 shall pass a
reasoned and speaking order within 90 days after receiving the
same.
6. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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