Mahiuddin Khan vs State Of Bihar and Ors

Anshuman, J

Heard learned Counsel for the petitioners and learned Counsel for the State.

The present writ petition has been filed with the following reliefs:-

“I. For direction upon the respondent authorities to implement the Judgment / order dated 26.4.2024 passed in LPA No. 458 of 2021 (arising out of CWJC No. 1744 of 2020) by the Division Bench of this Hon'ble  Court  and  in  view  of  the opinion dated 6.6.2024 of the Advocate General, Bihar, Patna, in respect of the present petitioners herein this case as they are similarly situated to the appellants / petitioners of LPA No. 458 of 2021 as they are entitled for similar reliefs and extend all consequential benefits/ retiral benefits if any  of them is retired during pendency of this writ application and to refund of recovered amounts if any and restore the pay-fixation/ re- fixation the pay /pension to them in the light of the facts that the petitioners are entitled to 1st ACP in the scale of Rs.4000-6000/- which had already been allowed to them by the respondents.

(ii) For direction to calculate the differential amount after fixation of pay scale and to disburse the same.

(iii) To hold that the case of the petitioners are squarely covered by the Judgment / order dated 26.4.2024 passed by the Division Bench of this Hon'ble Court in LPA No. 458 of 2021 and in terms of the Clause 4 C (1) of Bihar State Litigation Policy, 2011 issued under resolution dated 31.3.2011 by the State Govt. and they are also entitled to  be  given  the  same  and  similar benefits  as  has  been  given  to  the appellants / petitioners of LPA No. 458 of 2021 and any discrimination with the petitioners would be amount to violation / breach of Bihar State Litigation Policy, 2011 by the respondent authorities in the light of aforesaid LPA (Supra).

(iv) any other relief/ reliefs be granted to the petitioners as so they are found entitled in the eye of law in the given facts and circumstances of this case.”

Learned Counsel for the petitioners submits that for the grievances which is based on the decision of L.P.A. No.458 of 2021 as well as in terms of Clause 4C(1) of the Bihar State Litigation Policy, 2011. He submits that the petitioners have filed the representation before the Commandant vide Annexure-P/7 series, but no decision has been taken on the representations filed by the petitioners till date.

Learned Counsel for the State, on the other hand, submits that granting relief to the petitioners is a policy matter, which cannot be decided at the level of Commandant, therefore, he submits that a direction may be given to the petitioners to file their representation before the highest authority, where a Committee has already been formed. He submits that they should have filed the representation before the highest authority.

In response thereof, Counsel for the petitioners submits that petitioners are law abiding citizen and they have filed representations absolutely in accordance with law. It shall be the decision of the Commandant to refer the matter before the highest authority, if necessary.

In that view of the matter, this writ petition is disposed off directing respondent No.9 to decide the matter at his level and, if not, he shall refer this matter before the highest authority i.e., respondent No.3, for consideration to take decision on the representation of the petitioners within 90 days from the date of receipt/production of a copy of this order.