Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed the District Commandant to pass a reasoned order on the petitioner’s representation within 90 days and disposed of the writ petition.
Summary
Mukesh Kumar filed a writ petition seeking retrospective appointment as a Home Guard from 2021, along with related service benefits and salary, arguing that his appointment should have been effected following a 2023 court order. He also submitted a representation on 23‑12‑2025 requesting such relief, which remained unanswered. The State argued that the court could merely direct the authority to consider the representation within a fixed time. The Patna High Court, without adjudicating the merits, ordered the District Commandant of Bihar Home Guards to pass a reasoned order on the representation within 90 days. Consequently, the petition was disposed.
Issues considered
- Whether the petitioner is entitled to retrospective appointment as Home Guard from 2021 and associated service benefits
- Whether the court can direct the concerned authority to pass a reasoned order on the petitioner’s representation
Subjects
- Home Guards
- Retrospective appointment
- Service benefits
- Writ petition
- Reasoned order
- Civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4395 of 2026
======================================================
Mukesh Kumar S/o Mahadeo Lal Kapri, Const. No- 381685, Resident of
Village-Dumarthar, P.S.-Chandan, Dist-Banka, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Home Special
Department, Patna.
2. The Principle Secretary, Home (Special) Department, Govt. of Bihar, Patna.
3. The Director General cum Commandant General, Home Guards and Fire
Services, Govt. of Bihar, Patna.
4. The Commandant, Bihar Home Guards, Headquarter, Patna.
5. The District Magistrate cum Chairman, District Selection Committee of
Home Guards, Banka.
6. The District Commandant, Bihar Home Guards, Banka.
7. The Superintendent of Police, Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar Shrivastav, Advocate
For the Respondent/s : Mr. Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 26-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of appropriate writ(s) thereby
commanding upon the respondents concerned
to consider the petitioner
appointment/selection as Home Guards w.e.f
the year 2021 instead of 11/04/2025 i.e the
date on which he has been sent For training,
in pursuance of Advertisement No-02/2011.
Patna High Court CWJC No.4395 of 2026(2) dt.26-03-2026
2/3
II. For also issuance of appropriate writ(s)
thereby commanding the respondents to grant
the petitioner all his consequential service
benefits w.e.f the year 2021 including his
adjustment in the cadre of Company
commander as he was selected as Gramin
Home Guard in the year 2021-2022 by the
recommendation of the selection committee
dated 07/03/2022 but has been sent for
training w.e.f 11/04/2025 only.
III. For also direction upon the respondents to
pay salary/remuneration to the petitioner w.e.f
2021 the day he was selected as Home Guards.
IV. For grant of any other relief(s) which the
petitioner may be entitled to in the facts and
circumstances of the case.”
3. Learned counsel for the petitioner submits that the
petitioner’s appointment has taken place only after the order
passed by this Hon’ble Court in C.W.J.C. No. 4636 of 2023.
But, his service has not been accepted with retrospective effect.
For that, the petitioner has filed representation dated 23.12.2025
(Annexure-P/8). Counsel submits that till date, no order has
been passed on the petitioner’s representation.
4. Learned counsel for the State submits that a
direction may be given so that the concerned authority may pass
order on the petitioner’s representation dated 23.12.2025
Patna High Court CWJC No.4395 of 2026(2) dt.26-03-2026
3/3
(Annexure-P/8), within a fixed period of time.
5. As such, this Court without entering into the merit
or demerit of this case hereby directs the District Commandant,
Bihar Home Guards, Banka (Respondent no.6) to pass a
reasoned and speaking order on the petitioner’s representation
dated 23.12.2025 (Annexure-P/8) in accordance with law,
within 90 days from the date of production of a copy of this
order.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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