Created by Fuzzy Cloud

Patna High Court

Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the respondents must restore the recovered pension amounts and re‑fix the petitioners' pension on the ACP promotional scale in accordance with the parity principle.

Summary

Two former police constables, Raj Kumar Singh and Ranjana Devi, retired in 2021 and 2024 and challenged a memo that reduced their pension to the Hawaldar pay scale and demanded repayment of excess pension amounts. They argued that, under the principle of parity and Supreme Court judgments, they were entitled to pension based on the ACP promotional scale despite not meeting promotion eligibility. The State contended that the earlier decision in LPA No. 458 of 2021 governed the matter and that no recovery was permissible. The Patna High Court examined the Supreme Court decisions in Rafiq Masih and related case law, finding that the petitioners were similarly situated to earlier beneficiaries and were entitled to the higher pension. Consequently, the Court ordered the respondents to restore the recovered amounts and re‑fix the pension in accordance with the parity principle. The writ petition was allowed in part, directing compliance within eight weeks.

Issues considered

  • Whether the State can recover post‑retirement pension amounts from retired police constables whose pension was fixed at a lower pay scale despite promotion to ACP.
  • Whether the petitioners are entitled to pension based on the ACP promotional scale under the parity principle as laid down by the Supreme Court.
  • Whether the earlier judgment in LPA No. 458 of 2021 governs the present case or is superseded by Supreme Court precedent.

Subjects

  • pension
  • post‑retirement benefits
  • police constable
  • ACP promotion
  • parity principle
  • recovery of pension
  • writ jurisdiction
  • Supreme Court judgment
  • State of Bihar

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3776 of 2025
     ======================================================
1.    Raj Kumar Singh Son of Late Harischandra Prasad, Resident of B.M.P.- 2,
      Dehri, P.S. - Dehri on sone, District - Rohtas at present resident of Mahavir
      Colony, Road No. - 2A, near Mahavir Mandir, P.S.- - Beur, District- Patna.
2.   Ranjana Devi, Wife of Rameshwar Jha, Resident of village- Kalsar, P.S.-
     Dandkhora, District- Katihar.


                                                                  ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Principal Secretary, Home Department, Govt.
     of Bihar, Patna.
2.   The Director General of Police, Patel Bhawan, Bailey Road, Patna, Bihar.
3.   The Director General, Bihar Special Armed Police, Patel Bhawan, Bailey
     Road, Patna, Bihar- cum-Chairman of the Committee.
4.   The Inspector General of Police, Budget/Appeal/Welfare, Patel Bhawan,
     Bailey Road, Patna, Bihar.
5.   The Inspector General of Police (Head Quarter), Patel Bhawan, Bailey
     Road, Patna, Bihar.
6.   The Deputy Inspector General of Police, Bihar Special Armed Police,
     Central Range, Patel Bhawan, Bailey Road, Patna, Bihar.
7.   The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
8.   The Commandant, Bihar Special Armed Police-2, Dehri, District- Rohtas.
9.   The Commandant Bihar Special Armed Police - 7, Katihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Kumar Praveen, Advocate
                                    Mr. Barun Kr. Singh, advocate
     For the Respondent/s   :       Ms.Vagisha Pragya Vacaknavi, AC to SC 9
                                    Ms. Sushmita sharma, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                       ORAL JUDGMENT
      Date : 06-01-2026
                  The petitioners were Constables of Police who

      retired from service on superannuation on 31st January 2021 and

      31st January 2024 respectively. After their retirement, they

      approached this Court under constitutional writ jurisdiction for
Patna High Court CWJC No.3776 of 2025 dt.06-01-2026
                                           2/6




         the following reliefs:

                                              “A). To issue an appropriate
                                 writ/order/orders, direction/directions in the
                                 nature of certiorari for quashing the memo
                                 no. 318/P5 dated 24.12.2019 (Annexure-3)
                                 issued under the signature of Respondent
                                 no.-5 Inspector General of Police (Head
                                 Quarter), whereby and where under the pay
                                 scale of the petitioners; who has been
                                 promoted/granted first ACP in the pay scale
                                 of 4000-6000, has been re-fixed in the pay
                                 scale of Hawaldar as 3200-4900 with
                                 further direction to recover excess payment
                                 made to the petitioners, which is contrary to
                                 the direction of the Director General of
                                 Bihar      Military        Police   (BMP),    Patna
                                 contained in memo no. 147 dated 18.10.2019
                                 (Annexure-2) and also in teeth of Hon’ble
                                 Apex Court Judgment in the case of State of
                                 Punjab & Ors. vs. Rafiq Masih; reported in
                                 (2014) 4 PLJR 37 SC.
                                              B.)     For     that   the   respondent
                                 authorities may kindly be directed to
                                 considered the case of the petitioners in the
                                 light of order dated 02.09.2024 passed by
                                 this Hon’ble Court in CWJC No. 8062/2021
                                 in which the learned court had considered
                                 the all judgments of this Hon’ble Court as
                                 well as the Hon’ble apex Court in the matter
Patna High Court CWJC No.3776 of 2025 dt.06-01-2026
                                           3/6




                                 of other exactly similarly situated persons
                                 who have come before this Hon’ble Court
                                 for the refund of the amount which has been
                                 arbitrarily      deducted    from      their   post-
                                 retirement benefits, petitioners have also
                                 come before this Hon’ble Court for the same
                                 relief/direction of refund of the amount
                                 which has been deducted from their post-
                                 retirement      benefits    by   the    respondent
                                 authorities with further direction to re-fix the
                                 pension of the petitioners in the light of
                                 judgment rendered by this Hon’ble Court in
                                 L.P.A. No.- 458/2021.
                                              C). For any other relief/s to which
                                 the petitioners are found entitled by this
                                 Hon’ble Court.”
                     2. Suffice it to say that, by virtue of an order dated

         24th December, Inspector General of Police, Bihar, the

         petitioners were directed to make refund of certain amount of

         post-retiral benefit, viz., 4,28,362/- (Four Lakh Twenty Eight

         Thousand Three Hundred Sixty Two) and 3,74,754/- (Three

         Lakh Seventy Four Thousand Seven Hundred Fifty Four) from

         the post-retiral benefit of PW-2. Learned Advocate General for

         the petitioners submits that the issue as to whether any amount

         of post-retiral benefit can be deducted or not has been well-

         settled in LPA 458 of 2021 in CWJC No. 1744 of 2020,
Patna High Court CWJC No.3776 of 2025 dt.06-01-2026
                                           4/6




         (Srikant Dubey and Ors. Vs. The State of Bihar and Ors.).

                     3. The learned Advocate on behalf of the petitioners

         also refers to another unreported decision of this Court passed in

         Saheb Sharan Das Vs. The State of Bihar and Ors. (CWJC

         No. 8062 of 2021) decided on 02nd December 2024.

                     4. It is submitted by the learned Advocate for the

         petitioners that the petitioner no. 1 has already superannuated on

         31.01.2024 and the husband of the petitioner no. 2 has

         superannuated on 31st January 2021, therefore, any recovery of

         post-retiral benefit in the teeth of the mandate of the Hon’ble

         Apex Court in the case of State of Punjab v. Rafiq Masih

         reported in (2015) 4 SCC 334, and Thomas Daniel v. State of

         Kerala, 2022 SCC OnLine SC 536. Similar issue was

         considered by the Division Bench of this Court in LPA No. 458

         of 2021 vide judgment dated 26th April 2024 and it was held by

         the Division Bench relying on the decision in the Amresh

         Kumar Singh & Ors. Vs. State of Bihar and Ors. reported in

         2023 (2) PLJR (SC) 423 that 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, he is entitled

         to get the next promotional scale. The post-retiral benefit of the
Patna High Court CWJC No.3776 of 2025 dt.06-01-2026
                                           5/6




         petitioners in the instant case was computed on the basis of their

         promotional ACP, as they did not have any scope of promotion

         during the stipulated period of 12-24 years.

                     5. The learned Advocate on behalf of the State, on the

         other hand, submits that the case of the petitioners is required to

         be considered in the light of the decision as passed by the

         Division Bench in LPA No. 458 of 2021, if the respondent

         authorities find the case of the petitioners at par with the

         appellants of the aforesaid appeal, the post-retiral benefit of the

         petitioners cannot be withheld. The learned Advocate for the

         State frankly submits that after Rafique Masih’s case which was

         followed by the Hon’ble Supreme Court in subsequent

         judgments, she has nothing more to state.

                     6. On due consideration of the submissions made by

         the learned counsels for the petitioners and the State, and taking

         note of the decision of the Hon’ble Apex Court as well as of this

         Court, it is found that the case of the petitioners is based on

         parity. Therefore, the respondents are directed to restore the

         recovery amount in favour of the petitioners within eight weeks

         from the date of communication of this order and re-fix the

         pensionary benefits of the petitioners in light of the decision

         rendered by the Division Bench of this Court in LPA No. 458 of
             Patna High Court CWJC No.3776 of 2025 dt.06-01-2026
                                                        6/6




                      2021.

                                  7. The instant writ petition is thus, allowed on contest

                      to the extent as above.




                                                (Bibek Chaudhuri, J)
suraj/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          08.01.2026
Transmission Date       08.01.2026


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.