Created by Fuzzy Cloud

Patna High Court

Englesh Kumar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed, the application being disposed of by reference to the earlier judgment in Sanjeet Kumar Singh v. State of Bihar.

Summary

Englesh Kumar Ray, a contractual Sepoy Driver in the Bihar Police, filed a writ petition seeking (i) quashing of an order dated 15‑06‑2021 that terminated his and other contractual staff's services, (ii) a mandamus directing regularisation of his service, (iii) continuation of his contractual posting until retirement, and (iv) any other appropriate relief. Both parties agreed that the petition could be disposed of by reference to a prior judgment (Sanjeet Kumar Singh v. State of Bihar, CWJC No.11913 of 2025) which dealt with similar issues. The Patna High Court, after hearing counsel, held that the present application would stand disposed in accordance with that earlier judgment, thereby granting no further relief. Consequently, the petition was dismissed.

Issues considered

  • Whether the order dated 15‑06‑2021 terminating the services of contractual drivers can be quashed.
  • Whether the petitioner is entitled to regularisation of his service as a Sepoy Driver.
  • Whether the petitioner can be allowed to continue in the contractual post until the age of retirement.
  • Whether a writ of mandamus can be issued directing the respondents to regularise or continue the petitioner’s service.

Subjects

  • contractual service
  • police employment
  • regularisation
  • writ of certiorari
  • mandamus
  • termination of service
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3506 of 2026
                 ======================================================
                 Englesh Kumar Ray Son of Rameshwar Ray, Resident of Village-
                 Panchrukiya, P.S.- Babura, District- Bhojpur.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Department of Home,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Director General of Police, Bihar, Patna.
           4.    The Additional Director General of Police Head Quarter, Bihar, Patna.
           5.    The Inspector General of Police, Central Range Patna.
           6.    The Senior Superintendent of Police, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Ranjan, Advocate
                 For the Respondent/s     :        Mr. Divit Vinod, AC to SC 26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-03-2026                 1. Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                  2. The petitioner has filed the instant application

                   for the following reliefs:

                                        “(i.)For      issuance       of     an    appropriate
                                        writ/order/direction in the nature of certiorari
                                        for quashing the order bearing memo no. 106
                                        dated 15.06.2021 issued under the signature of
                                        Assistant (Welfare) of Director General of
                                        Police, Bihar whereunder a decision was taken
                                        to end the services of contractual driver,
                                        constables and in any event after 31.07.2021
Patna High Court CWJC No.3506 of 2026(2) dt.17-03-2026
                                            2/3




                             they will be not paid any renumeration with a
                             direction to serve a one month notice upon the
                             petitioner in terms of Clause-9 of the agreement.
                             (ii.) To issue an appropriate writ/order/direction
                             in the nature of mandamus commanding the
                             respondents to regularize the service of the
                             petitioner who were appointed on the post of
                             Sepoy Driver on the basis of the order dated 16-
                             05-2024 passed in CWJC No-13895 of 2021 as
                             well    as    order         dated   25-03-2025   passed
                             in      L.P.A.        No.-          1123   of     2024.
                             (iii.)To issue an appropriate writ/order/direction
                             in the nature of mandamus commanding the
                             respondents to allow the petitioner to continue
                             on the post of Sepoy Driver on contractual till
                             their age of retirement i.e. 60 years against the
                             vacant sanctioned post of Driver in the police
                             department.
                             (iv.) For issuance of any other appropriate
                             writ/writs, order/orders, direction/directions for
                             which the writ petitioner would be found entitled
                             under the facts and circumstances of the case.”
                        3. It is jointly submitted by learned counsel for

          petitioner as also learned counsel for the respondents that the

          writ application can be disposed of in terms of the judgment

          dated 7.8.2025 passed in CWJC no. 11913 of 2025 (Sanjeet

          Kumar Singh & Ors. versus The State of Bihar & Ors.) with

          similar directions as contained therein.
          Patna High Court CWJC No.3506 of 2026(2) dt.17-03-2026
                                                      3/3




                                4. In view of the above, the instant application stands

                    disposed of in terms of the judgment dated 7.8.2025 passed in

                    CWJC no.11913 of 2025.



                                               (Partha Sarthy, J)
Bibhash

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.