IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18282 of 2025 ====================================================== 1. Rishikesh Kumar S/o-Ramprasad Yadav, Resident of Village Mishrauliya Dhol, Police Station- Sadar, Dist- Darbhanga. 2. Nitish Kumar, S/o- Surendra Prasad, Resident of Village Nethua, Police Station-Marhowrah, Dist- Saran. 3. Upendra Kumar, S/o- Hirday Mahato, Resident of Village- Sakarpura, Police Station-Alauli, Dist- Khagaria. 4. Rahul Kumar, S/o-Sudarshan Ray, Resident of Village- Mahuani, Police Station- Autar Nagar, Dist- Saran. 5. Mithlesh Kumar, S/o-Triveni Sah, Resident of Village- Bangama, Police Station- Barhat, Dist- Jamui. 6. Adarsh Giri, S/o- Kausha Kishor Giri, Resident of Village-Deopura ka Matiya, Police Station- Rasalpur, Dist- Saran. 7. Manjeet Kumar Pandey, S/o-Dharmendra Pandey, Resident of village- Mohan Kothiya, P.S. Dighwara, Distict- Saran. 8. Kashi Kumar, S/O- Saryug Prasad Biyawani, Resident of Village- Biyabani, Police Station- Deepnagar, Dist- Nalanda. 9. Alok Kumar, S/o-Dudheshwar Singh, Resident of Village- Sakala Bazar, Police Station- Kachwan, Dist- Rohtas. 10. Abhishek Kumar, S/o-Umesh Pandit, Resident of Village- Ratwara, Police Station- Sadar, Dist- Muzaffarpur. 11. Rajesh Kumar, S/o- Horil Prasad Singh, Resident of Village- Khajuraiya, Police Station- Dharahara, Dist- Munger. 12. Vinay Raj, S/o- Mahadev Mahato, Resident of Village- Harganwa, Police Station-Sare, Dist- Nalanda. 13. Pramod Kumar, S/o-Shivpati Singh, Resident of Village- Ekauni Mahuta, Police Station- Sonhan, Dist- Kaimur at Bhabhua. 14. Prakash Kumar, S/o-Shambhu Shrama, Resident of Village- Maurya Bihar Phulwarisharif, Police Station- Phulwarisharif, Dist-Patna. 15. Monu Kumar, S/o- Umesh Pandit, Resident of Village- Dhamkaul, Police Station-Piprahi, Dist- Sheohar. 16. Sonu Kumar, S/o-Shreenandan Yadav, Resident of Village College Chowk, Madhepura, Police Station- Madhepura, Dist-Madhepura. 17. Mohan Kumar, S/o-Shukhdev Yadav, Resident of Village- Akoni, Police Station- Rafiganj, Dist- Aurangabad. 18. Jayprakash @ Jayprakash Kumar Ram, S/o- Ram Ujagir ram, Resident of Village- Manikpur, Police Station- Koilwar, Dist-Bhojpur. 19. Ambuj Kumar, S/o-Rabindra Prajapati, Resident of Village- Amarpur, Police Station- Tekari, Dist- Gayaji. 20. Vikash Kumar, S/o- Ganesh shaw, Resident of Village- Dihura Dariyapur, Police Station- Alipur, Dist- Gayaji. Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 2/9 21. Pradeep Kumar, S/o- Kesho Thakur, Resident of Village- Chitarkoli, Police Station-Rajauli, Dist- Nawada. 22. Niranjan Kumar, S/o- Gango Paswan, Resident of Village- Hasanpur, Police Station-Bakhari, Dist- Begusarai. 23. Sushil Kumar, S/o- Nathuni Singh, Resident of Village- Bhabua, Ward No-6, Police Station- Bhabua, Dist- Kaimur. 24. Sandeep Kumar, S/o-Lakshman Mehta, Resident of Village- Tandwa, Police Station- Tandwa, Dist- Aurangabad. 25. Rajesh Kumar, Son of Umesh Prasad, Resident of Village- Mishra Bigha, Saidabad Parsain, P.S. and District Jehanabad. 26. Ranjit Kumar, S/o- Abhay Kumar Singh, Resident of Village Majhanpura, Police Station-Bikram, Dist- Patna. 27. Sandesh Kumar, S/o- Om Prakash Prasad, Resident of Ward No. 1, Village- Belsandi, P.S. Belsandi, District West Champaran. 28. Santosh Pradhan, S/o-Shyam Bihari Pradhan, Resident of Village- Chhotaka Dakaich, Police Station- Dakaich, Dist-Buxar. 29. Rakesh @ Rakesh Kumar Gupta, S/o- Rajendra Prasad, Resident of Village and P.S. Bhitbhairwa, Dist. Gopalganj. 30. Chandan Kumar, S/o-Duryodhan Das, Resident of Village- Bhore, Police Station- Buniyadganj, Dist- Gaya. 31. Chandan Kumar Gupta, S/o-Shiv Jee Gupta, Resident of Village- Kahathu, Police Station- Jagdishpur, Dist- Bhojpur at Ara. 32. Mithlesh Kumar Paswan, S/o- Shiv Bachan Paswan, Resident of Village- Orgaon, Police Station- Bhagwanpur, Dist- Kaimur at Bhabua. 33. Praveen Kumar Suman, S/o-Sri Ravindra Kumar, Resident of Village- Morhan, Police Station-Goradih, Dist- Bhagalpur. 34. Rajeev Kumar Gupta, S/o-Bishwanath Sah, Resident of Village- Baniyachhapar, Police Station- Gopalpur, Dist- Gopalganj. 35. Pankaj Kumar, S/o-Balchand Paswan, Resident of Village Daulatpur, Police Station- Tekari, Dist- Gaya. 36. Pintu Ray, S/o- Ramkishun Ray, Resident of Village- Tek Niwas, Police Station-Rivilganj, Dist- Saran at Chapra. 37. Bikas Kumar, S/o- Arvind Kumar Ray, Resident of Village- Bakitikam, Police Station- Madhuban, Dist- East Champaran. 38. Shailesh Kumar Singh, S/o-Yogendra Prasad Singh, Resident of Village- Ketuka Lachchhi, Police Station- Amnaur, Dist- Saran. 39. Harendra Kumar Yadav, S/o-Pradeep Kumar Yadav, Resident of Village- Chhotaki Sahjauli, Police Station- Sahpur, Dist- Bhojpur at Ara. 40. Anil Kumar Gupta, S/o-Jagdish Prasad Gupta, Resident of Village- Churawanpur Ward No. 8, Police Station- Industrial Area, Dist-Buxar. 41. Manas Kumar, S/o-Udeshwar Yadav, Resident of Ranko Awas Board, Police Station- Muffasil, Dist- Khagaria. 42. Amit Kumar, S/o- Om Prakash Singh, Resident of Basawan Tola, Police Station- Piro, Dist- Bhojpur at Ara. Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 3/9 43. Gaurav Kumar, S/o- Mukul Prasad, Resident of Village- Ratanpur, Police Station-Muffasil, Dist- Bhojpur. 44. Md. Tanveer Hasan, S/o-Hasan Rizvi, Resident of Village- Paithan Toli, Police Station- Koilwar, Dist- Bhojpur. 45. Ajay Kumar, S/o- Jitendra Prasad, Resident of Ward No. 8, Village Sahpur, Police Station- Sahpur, Dist- Bhojpur at Ara. 46. Bittu Kumar, S/o- Sanjay Singh, Resident of Village Shivpur, Police Station- Garhani, Dist-Bhojpur at Ara. 47. Md. Seraj Ansari, S/o- Md. Rashid Ansari, Resident of Village- Balihar, Police Station- Khemati, Dist- Buxar. 48. Sanjay Kumar, S/o- Bhairav Lal Prasad Kushwaha, Resident of Village Bijwani Baraiya Tola, Police Station- Jitna, Dist- East Champaran. 49. Dharmendra Kumar, S/o-Sunil Prasdad, Resident of Village- Jamsari, Police Station- Uchakagaon, Dist- Gopalganj. 50. Sunny Raj, S/o- Chandrama Narayan Prasad, Resident of Village- Kharika, Police Station- Pahleja, Dist- Saran at Chapra. 51. Amit Kumar, S/o- Vijay Singh, Resident of Village- Bala Bigha, Police Station-Makdumpur, Dist- Jehanabad. 52. Ratan Kumar Gupta, S/o-Kapildeo Sah, Resident of Village- Dighwa Tola, Ward No. 3, Police Station- Baikunthpur, Dist- Gopalganj. 53. Kritwant Kumar, S/o-Sumant Kumar Dinkar, Resident of Ward No. 6 Village Harpur, Police Station- Alauli, Dist- Khagaria. 54. Pappu Raj Kumar, S/o- Ram Lakshman Mahto, Resident of Village Kanhauli Rajpati, Police Station- Parsauni, Dist- Sitamarhi. 55. Bablu Kumar, S/o- Hira Lal Gupta, Resident of Village- Ahirauli, Police Station-Industrial Area, Dist- Buxar. 56. Prashant Kumar, S/o- Kashi Nath Singh, Resident of Village- Nawaderha, Police Station-Dumraon, Dist- Buxar. 57. Jay Prakash Kumar, S/o-Chandrama Singh, Resident of Village- Sewthara, Police Station- Narayanpur, Dist- Bhojpur. 58. Chandan Kumar, S/o-Kamlesh Sharma, Resident of Village- Sarganeshdutta Nagar Raja Bazar, Police Station and District Jehanabad. 59. Amrit Kumar, S/o- Ram Nandan Bhagat, Resident of Village- Kesawe Near Shiv Mandir, Police Station- Barauni, Dist- Begusarai. 60. Moti Kumar, S/o- Tulsi Mahto, Resident of Village- Pachna, Police Station and Dist- Sheikhpura. 61. Saroj Paswan, S/o- Ram Sewak Paswan, Resident of Village Chenari, Police Station- Chenari, Dist- Rohtas. 62. Raju Kumar, S/o- Wakil Ray, Resident of Village-Chintamanganj, Police Station- Chapra, Dist- Saran at Chapra. 63. Premchand Kumar, S/o-Mahendra Yadav, Resident of Village- Sondhi Manpur, Police Station- Jehanabad, Dist- Jehanabad 64. Md. Ijmam Asgar, S/o-Asgar Ali, Resident of Village- Sabajpura, Police Station- Phulwari Sharif, Dist- Patna. Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 4/9 65. Vinay Kumar, S/o-Ramashish Yadav, Resident of Village Mafo, Police Station- Mehush, Dist- Sheikhpura. 66. Vivek Kumar, S/o-Kamlendra Kumar, Resident of Village Deoghara, Police Station- Kako, Dist- Jehanabad. 67. Birendra Kumar, S/o-Upendra Sahni, Resident of Village- Chakanwara, Police Station-Dalsinghsarai, Dist- Samastipur. 68. Md. Akhlakh Sah, S/o- Md. Samsuddin Sah, Resident of Village- Sikandarpur, Police Station- Chainpur, Dist- Kaimur at Bhabua. 69. Dileep Chaudhary, S/o-Naresh Chaudhary, Resident of Village- Laxmi bigha, Police Station- Rajauli, Dist- Nawada. 70. Bipin Kumar Chaudhary, S/o- Surajdeo Chaudhary, Resident of Village- Shivganj Teldiha, Police Station- Madanpur, Dist- Aurangabad. 71. Uday Kumar, S/o- Binod Kumar Singh, Resident of Village- Bilandchak, Police Station- Masaurhi, Dist- Patna. 72. Vijay Chauhan, S/o- Late Baliram Chauhan, Resident of Village Sampatchak, Police Station- Kankarbagh, Dist- Patna. 73. Binod Kumar, S/o- Duro Sah, Resident of Village- Tariawan, Police Station- Simri Bakhtiyarpur, Dist- Saharsa. 74. Vijay Kumar, S/o- Fanni Lal Sah, Resident of Kritya Nand Nagar, Police Station- K. Nagar, Dist- Purnia. 75. Vipul Kumar, S/o- Sujeet Kumar Patel, Resident of Village- Jamuhari, Police Station- Mehandia, Dist- Arwal. 76. Aryan Singh Akky, S/o-Satyendra Yadav, Resident of Village Dhangawa, Police Station-Tarari, Dist- Bhojpur. 77. Pawan Kumar, S/o- Upendra Sah, Resident of Village- Udhampur, Police Station-Chhatapur, Dist- Supaul. 78. Mithun Kumar, S/o- Ganauri Prasad Shah, Resident of Nath Nagar, Police Station-Lalmatia, Dist- Bhagalpur. 79. Gaurav Kumar, S/o- Shiva Nand Sah, Resident of Village- Sarsi, Police Station-Sarsi, Dist- Purnia. 80. Rahul Kumar, S/o- Yogendra Singh, Resident of Village- Govinddih Bachahari, Police Station-Piro, Dist- Bhojpur at Ara. 81. Prithvi Raj Choubey, S/o-Dinanath Choubey, Resident of Village- Chhitandihra, Police Station- Parsathua, Dist- Rohtas. 82. Manoj Kumar, S/o- Pancha Nand Mandal, Resident of Village Motanga, Police Station-Dhoraiya, Dist- Banka. 83. Moti Lal Kumar, S/o-Dhanraj Sah, Resident of Village- Barwa Kala Kaswa Tola, Police Station- Ghorasahan, Dist- East Champaran. 84. Prakash Kumar, S/o-Fuleshwar Ram, Resident of Village- Ekma, Police Station- Supaul, Dist- Supaul. ... ... Petitioner/s Versus 1. The State of Bihar through the Home Secretary Bihar, Patna. Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 5/9 2. The Director General of Police Bihar, Sardar Patel Bhawan, Patna. 3. The Director General cum Commandant General, Bihar Home Guard and Fire Services, Chhajubagh, Patna, Bihar. 4. The Director cum state Fire Officer, Budh Marg, Lodipur, Patna, Bihar. 5. The Additional Director cum Assistant State Fire Officer, Budh Marg, Lodipur, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ganpati Trivedi, Sr. Advocate Mr. Manoj Kumar Pandey, Advocate Mr. Ritik Shah, Advocate Mr. Saurav Suman, Advocate For the Respondent/s : Mr. Prabhat Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 6 08-07-2026 The issue involved in this case is that the petitioners were appointed as Fireman Drivers in the year 2019 against vacant posts, they are continuing as such till date. As per the rule, after completion of three years of satisfactory probation, the Fireman Drivers would be confirmed and after 04 years from the date of appointment, they are entitled to the next post of promotion to the post of Leading Fireman Driver. 2. The grievance of the petitioners is that no official order was passed/issued confirming the petitioners. However, since they are in continuous service for almost 07 years, they are deemed to be confirmed as per the existing Rule. Thus, treating themselves to be the confirmed employee in the cadre of Fireman Drivers, it is further case of the petitioners is that after 04 years of appointment they are deemed to be promoted to the Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 6/9 post of Leading Fireman Driver. 3. Further case of the petitioners is that from the cadre of Leading Fireman and Leading Fireman Drivers, the posts of Sub-Officers are filled up by promotion. However, the respondent authority considered only the case of Leading Fireman for the promotion to the post of Sub-Officers and the Leading Fireman Drivers were not considered. 4. The learned Advocate for the State, on the other hand, submits that the writ-petitioners have filed another writ petition bearing C.W.J.C. No.17887 of 2025 for grant of promotion, the said writ petition is pending in the appropriate Bench having roster. In the instant writ petition, the said matter has not been disclosed. 5. It is also submitted by the learned Advocate for the State that there are 758 Fire Vehicles in the State of Bihar. Against those 758 Fire Vehicles, as many as 1248 employees are working in the cadre of Fireman Driver and Leading Fireman Driver. 6. The grievance of the petitioners is that the Leading Fireman Drivers were not considered for the promotional post of Sub-Officer. However, according to the Home Department notification in relation to Bihar Fire Service Rules, 2021, Rule 3 states about the recruitment of promotion to the post of Fire Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 7/9 Station Sub-Officer it runs thus:- "(a). It shall be promotional post of Leading Fireman and Leading Fireman and Leading Fireman Driver. (b) For promotion to the post of Deputy Fire Station Officer, the personnel who have completed minimum length of service prescribed by the General Administration Department, shall have to pass successfully the training of Sub Officer Course from Fire Training Academy, Bihta (after getting affiliation from National Fire Service College, Nagpur as Regional Training Centre) or directly from N.F.S.C., Nagpur or Institution recognized by it, as per their seniority. The syllabus for such course of Sub-Officers at Fire Training Academy, Bihta will be prescribed by the Director General, State Fire Services in consultation with the Principal, Fire Training Academy, Bihta, the approval one which will be obtained from the Committee of the Ministry of Home Affairs, Government of India designated for such purpose. Eligibility tenure for promotion will be same as stated in the relevant rules of General Administrative Department for equivalent posts. (c) The promotion to the post of Fire Station Sub-Officer from Leading Fireman and Leading Fireman Driver may be given on the basis of passing of aforesaid training and joint gradation-cum-merit list of Leading Fireman and Leading Fireman Driver, on the recommendation of the Departmental Promotion Committee, as prescribed. Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 8/9 (d) The probation period of the Fire Station Sub-Officer promotion from the rank of Leading Fireman/Leading Fireman Driver shall be of one year. (e) The other rules, for the time being in force, in Police Department for promotion from Havildar to the rank of Assistant Police Sub-Inspector shall be applicable for promotion to the post of Fire Station Sub-Officer from the rank of Leading Fireman/Leading Fireman Driver. (f) The rules, for the time being in force, laid down by the General Administration Department for the post of equivalent rank shall be applicable for promotion to the post of Fire Station Sub-Officer from the rank of Leading Fireman/Leading Fireman Driver." 7. Rule 3(a) clearly stated that the the post of Fire Station Sub-Officer shall be promotional post of Leading Fireman and Leading Fireman Driver. Therefore, the petitioners grievance is logical and the same is subject to favourable consideration by the respondents, if they are denied promotion from the post of Leading Fireman Driver to the post of Fire Station Sub-Officer. 8. It is submitted by the learned Senior Counsel on behalf of the petitioners that the writ-petitioners submitted series of representations to the concerned Authority but the Authority did not pay any head to it. Patna High Court CWJC No.18282 of 2025(6) dt.08-07-2026 9/9 9. In view of such circumstances, after considering submission made by the learned Senior Counsel on behalf of the petitioners as well as the learned Counsel for the State- Respondents, this Court directs to forward a copy of the writ petition to respondent No.3, who will treat the same as representation on behalf of the petitioners and dispose of the said representation by a reasoned order giving opportunity to the petitioners and/or other authorized representations of being heard within six weeks from the date of this order. 10. In the meantime, all promotions granted to the Leading Fireman to the post of Fireman Sub-Officers, during pendency of the writ petition, though be operative, but finally depends upon the result of the decision taken by the concerned Authority on the representation of the petitioners. 11. So far as, the prayer No.1 of the writ petition, this Court is not in a position to grant the same and and the same is rejected. 12. With the above order, the instant writ petition is disposed of. mdrashid/- (Bibek Chaudhuri, J) U