Patna High Court
Md. Serajuddin Khan,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the petitioners may seek the relief by filing a representation under the DIG’s letter, and the writ petition is disposed without ordering direct implementation.
Summary
A group of police personnel filed a writ petition seeking the implementation of a 26 April 2024 judgment (LPA No.458/2021) that granted pay‑fixation and refunds of recovered amounts. They relied on a DIG‑issued letter (No.2967 dated 04‑09‑2025) which purported to extend the same relief to all similarly situated employees. The Court examined whether the petitioners were covered by the earlier judgment and the DIG’s letter. It found no objection from the State and granted the petitioners liberty to file a representation before the specified respondents within one month, with the representation to be decided within three months. The Court directed that any final order must be reasoned and, if relief is granted, implemented within three months. Consequently, the writ application was disposed of, allowing the petitioners to pursue relief through the representation process.
Issues considered
- Whether the petitioners are covered by the judgment dated 26‑04‑2024 in LPA No.458/2021 and entitled to the same pay‑fixation and refund benefits.
- Whether the DIG’s letter No.2967 dated 04‑09‑2025 extends the relief to the petitioners.
- Whether the respondents are obligated to implement the relief directly or allow the petitioners to seek it via representation.
Subjects
- writ petition
- implementation of judgment
- pay fixation
- refund of recovered amounts
- Bihar Litigation Policy 2011
- administrative representation
- police personnel
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8150 of 2025
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1. Md. Serajuddin Khan, S/O-Late Shahadat Hussain Khan, R/O- Village-
Ghusia Kalan, P.S.-Bikramganj, District- Rohtas, A.S.I., BSAP-03, Bodh
Gaya.
2. Shahabuddin Mansuri, S/O-Md. Kashim, R/O- Village- Puran, P.S.-Karpi,
District-Arwal, A.S.I. (Transport), BSAP-03, Bodh Gaya.
3. Satyendra Kumar Singh, S/O- Nawal Kishor Singh, R/O- Village- Kobil,
P.S.-Islampur, District- Nalanda, A.S.I. (Transport), BSAP-03, Bodh Gaya.
4. Ramashish Sharma, S/O-Late Ramadhin Singh, R/O-Village-Parsurai, P.S.-
Khodaganj, District-Nalanda, A.S.I. (Transport), BSAP-03, Bodh Gaya.
5. Naveen Kumar Sharma, S/O-Kameshwar Sharma, R/O- Village- Babhna
Sikaria, P.S.-Parasbigha, District- Jehanabad, A.S.I BSAP-05, Patna.
6. Kanhaiya Lal Singh, S/O-Late Jairam Singh, R/O- Village- Kochwara, P.S.-
Dariyapur, District-Saran, Chapra, A.S.I. (Transport), BSAP-14, Patna.
7. Ajay Kumar, S/O-Late Kedar Singh, R/O-Village-Bahuara, P.S.-Gaurichak,
District-Patna, Havildar No.. 120, BSAP-13, Darbhanga.
8. Tuntun Gond, S/O-Nathuni Gond, R/O. House No.-127/D Jharana Tola,
Khorabar P.S.-AIIMS, District. Gorakhpur (U.P), Havildar No.-159, BSAP-
13, Darbhanga.
9. Nilesh Kumar, S/O-Late Ramanuj Singh, R/O- Village- Shivnagar, P.S.-
Karpi, District-Arwal, Havildar No.-15, BSAP-03, Bodh Gaya.
10. Arun Kumar, S/O-Late Ramnaresh Singh, R/O- Village-Bhori, P.S.-Tekari,
District-Gaya, Havildar No.-165, BSAP-14, Patna.
11. Puneshwar Dubey, S/O-Late Chhathu Dubey, R/O- Village- Banpurwa,
P.S.and District- Garhwa (Jharkhand), Havildar No.-188, BSAP-14, Patna.
12. Ram Pyare Paswan, S/O- Bhangi Paswan, R/O-Village-Bardiha, P.S.-
Chainpur, District-Kaimur (Bhabhua), Havildar No.-77, BSAP-17, Bodh
Gaya.
13. Sribhagwan Yadav, S/O-Shyam Sundar Yadav, R/O- Village- Prasaunda,
P.S.-Shahpur, District-Bhojpur, Driver Havildar (10), BSAP-03, Bodh Gaya.
14. Rampravesh Ram, S/O-Late Ramadhar Ram, R/O- Village- Rampurchai,
P.S.-Karpi, District-Arwal, Havildar No.-70, BSAP-19, Begusarai.
15. Awdhesh Kumar Ram, S/O-Late Ganesh Ram, R/O- Village- Kadna, P.S.-
Garkha, District-Saran, Chapra, Havildar No.-15, BSAP-19, Begusarai.
16. Siyaram Prasad, S/O-Late Ramashish Sah, R/O- Village- Baduri, P.S.-
Ranitalab, District-Patna, Havildar No.-03, BSAP-19, Begusarai.
17. Dayanand Uronw, S/O-Laxmi Uronw, R/O- Village- Beltari, P.S.-Jankinagar,
District-Purnea, Havildar No.-30, BSAP-19, Begusarai.
18. Parmatma Singh, S/O-Late Devendra Prasad Singh, R/O-Village-Harail,
P.S.-Mohiuddin Nagar, District- Samastipur, Havildar No.-157, BSAP-14,
Patna.
19. Manoj Kumar Thakur, S/O- Sridhar Thakur, R/O- Mohalla- Indrapuri, P.S.-
Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026
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Sahayak, District- Katihar, A.S.I. (Transport), BSAP-07, 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, Bihar, Patna, Patel Bhawan, Bailey Road,
Patna.
3. The Director General of Police, Bihar Special Arms Police (BSAP), Patna.
4. The Inspector General of B.S.A.P, Bihar, Patna.
5. The Deputy Inspector General of Police B.S.A.P (Northern Range),
Muzaffarpur.
6. The Deputy Inspector General of Police, B.S.A.P. (Central Range), Patna.
7. The Commandant, B.S.A.P.- 03, Bodh Gaya.
8. The Commandant, B.S.A.P.-05, Patna.
9. The Commandant, B.S.A.P.-14, Patna.
10. The Commandant, B.S.A.P.-13, Darbhanga.
11. The Commandant, B.S.A.P.- 17, Bodh Gaya.
12. The Commandant, B.S.A.P.- 19, Begusarai.
13. The Commandant, B.S.A.P.-07, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Thakur, Advocate
For the Respondent/s : Mr. Manoj Kumar Sinha, A.C. to G.A.-9.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
counsel appearing for the State.
2. In the present writ petition, the petitioner has
prayed for grant of following releif :-
(I) For direction upon the respondent
authorities to implement the judgment/order dated
26.04.2024 passed in LPA No.-458/2021 (arising out of
CWJC No.-1744/2020) by the Division Bench of this
Hon'ble Court in respect of the petitioners of the present
writ application also as they are similarly situated to the
Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026
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appellants/petitioners of LPA No.-458/2021 and extend
them all consequential benefits i.e. refund of recovered
amounts, to those petitioners against whom recovery was
made, and restore the pay-fixation in the light of the facts
that the petitioners were/are entitled to 1" ACP in the
scale of Rs.4000-6000/- which was already allowed to
them by the respondents and later on, cancelled.
(II) To hold that petitioners are covered by the
judgment/order dated 26.04.2024 passed by the Division
Bench of this Hon'ble Court in LPA No.-458/2021 and
therefore, as per Clause-4.C (1) of the Bihar Litigation
Policy, 2011 issued under resolution dated 31.03.2011 by
the State Govt. they are also entitled to be given the same
and similar benefits as has been given to the
appellants/petitioners of LPA No.-458/2021 and any
discrimination with the petitioners would amount to
violation/breach of the Bihar Litigation Policy, 2011 by
the respondent authorities.
(III) The respondents may be directed to
refund the recovered amount, if any to those petitioners
against whom recovery was made and accordingly pay
fixation may be done and the consequential benefits be
paid to them as it was already paid to them earlier.
(IV) For any other relief/reliefs to which the
petitioners are entitled to in the facts and circumstances
of this case.
3. Learned counsel for the petitioners submits that
recently a letter No.2967 dated 04.09.2025 has been issued by
DIG, Bihar Special Arms Police by which the decision has been
taken to extend the aforesaid relief to everyone including the
petitioner. He therefore, submits that the case of the petitioners
is covered by letter No.2967 dated 04.09.2025.
4. The letter No.2967 dated 04.09.2025 has been
shown to this Court but the same is not part of the case record.
Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026
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5. In the aforesaid facts and circumstances, this writ
application is disposed of granting liberty to the petitioners to
claim the aforesaid relief on the basis of letter No.2967 dated
04.09.2025 issued by DIG, Bihar Special Arms Police by filing
a representation before the respondent No.7 to 13.
6. To the aforesaid submissions being made by
learned counsel for the petitioners, learned counsel appearing on
behalf of the respondent-State does not have any objection.
7. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
stands disposed of granting liberty to the petitioners to file
representation in light of letter No.2967 dated 04.09.2025 issued
by the DIG, Bihar Special Arms Police. This representation
must be filed before respondent No.7 to 13 within one month
from today and if such representation is filed, the same shall be
disposed of within a period of three months from the date of
filing of the representation after giving an opportunity of
hearing to the petitioners.
8. Needless to emphasize that the final order which
shall be passed by the respondent No. 7 to 13 should be
reasoned and speaking order. It is further made clear that if the
petitioners are found entitled to the relief in light of letter
Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026
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No.2967 dated 04.09.2025, the same should be extended to the
petitioners within a further period of three months from the date
of passing of the final order.
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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