Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5303 of 2026 ======================================================
1. Birjashankar Prasad S/o Late Jagnarayan Prasad, R/o village Rukindhi, P.S.Goh, District-Aurangabad
2. Ved Prakash, S/o Late Shri Dudheshwar Singh, R/o village Goh, P.S.Goh, District-Aurangabad.
3. Anil Sharma, S/o Late Mahendra Sharma, R/o village Dadpi, P.S.Goh, District-Aurangabad.
4. Samsher Ansari, S/o Late Hasmuddin Ansari, R/o Goh P.S.Goh District- Aurangabad.
5. Ram Pravesh Paswan, S/o Late Munarik Paswan, R/o village Dingrahi, P.S.Goh District-Aurangabad.
6. Umesh Paswan, S/o Late Ruplal Paswan, R/o village Panduki, P.S.Goh, District-Aurangabad.
7. Mahendra Yadav @ Mahendra Kumar, S/o Late Jaigobind Singh, R/o village Neema P.S.Goh District-Aurangabad.
8. Sanjeet Kumar@Sanjit Kumar, S/o Late Seetaram Singh, R/o village Khaira Mohan, P.S.Goh District-Aurangabad.
9. Jairam Yadav, S/o Late Chandradeep Yadav, R/o village Aseyas P.S.Goh District-Aurangabad.
10. Ram Kalesh Yadav, S/o Late Janeshwar Yadav, R/o village Baxar P.S.Goh District-Aurangabad.
11. Devendra Singh, S/o Raghunath Singh, R/o village Mandwa P.S.Goh District-Aurangabad.
12. Md. Faruque Ahmad, S/o Md. Khalil Ahmad, R/o Goh P.S.Goh District- Aurangabad.
13. Bhusan Kumar, S/o Late Rameshwar Singh, R/o village Seikhpura P.S.Goh District-Aurangabad.
14. Brajesh Singh @ Brajesh Kumar, Brajesh Singh@Brajesh Kumar(M) aged about 40 years, S/o Late Lal Bahadur Singh, R/o village Bazar Verma P.S.Goh District-Aurangabad.
15. Sunil Kumar Paswan, S/o Late Marachu Paswan, R/o village Dewaraha P.S.Goh District-Aurangabad.
16. Kunjbihari Choudhary, S/o Shri Shyam Lal, R/o village Gamhari P.S.Goh District-Aurangabad.
17. Bilas Choudhary, S/o Late Bideshi Chouudhary, R/o village Chauthaiya P.S.Salaiya District-Aurangabad.
18. Sukhdeo Chouhan, S/o Late Tuleshwar Chouhan, R/o village Pirthu P.S.Salaiya District-Aurangabad.
19. Sachchida Nand Singh, S/o Late Ram Pravesh Singh, R/o village Dosarai (Sado Saray) P.S.Salaiya District-Aurangabad.
20. Naresh Paswan, S/o Late Shri Ramchandra Paswan, R/o village Pirthu P.S.Salaiya District-Aurangabad.
Patna High Court CWJC No.5303 of 2026(2) dt.09-04-2026 2/6
21. Md Shamsuddin Ansari, S/o Late Hasmuddin Ansari, R/o Goh P.S.Goh District-Aurangabad. ... ... Petitioner/s Versus
1. The State of Bihar through the Home Secretary, Government of Bihar, Patna.
2. The Director general of Police, Bihar, Patna.
3. The District Magistrate, Aurangabad.
4. The Superintendent of Police, Aurangabad.
5. The Officer-In-Charge, Goh Police Station, Aurangabad.
6. The Officer-In-Charge, Salaiya Police Station, Aurangabad.
7. The Officer-In-Charge, Kasma Police Station, Aurangabad.
8. The Officer-In-Charge, Uphara Police Station, Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Respondent/s : Mr. Standing Counsel (26) ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 09-04-2026 Heard learned counsel for the petitioners and learned counsel for the State.
2. The present writ has been filed for issuance of writ/writs, order/orders, direction/directions for quashing the minutes of the meeting dated 1.12.2019 vide Memo No. 5834 and order dated 2.12.2019 passed by the Superintendent of Police, Aurangabad (Respondent No.5), whereby and whereunder the respondents authority have denied the payment of due salary for the work done by the petitioners, who were working as Special police Officer (S.P.O) in different police
Patna High Court CWJC No.5303 of 2026(2) dt.09-04-2026 3/6 station, in the district of Aurangabad and further for payment of due salary with an statutory interest to the petitioners. And also for necessary relief/reliefs, order/orders, direction/directions for which the petitioner will be entitled in the law as well as in the
facts of the case. 3. Learned counsel for the petitioners submit that the petitioners had earlier moved before this Court in C.W.J.C. No. 6649 of 2017 which was disposed of vide order dated 21.05.2019 with liberty to the petitioners to approach the Superintendent of Police by filing their claim on the basis of duty command issued in their favour. It was also directed that if such an application is made within four weeks from today, the Superintendent of Police (Respondent no.5) will be obliged to dispose it of by a reasoned and speaking order within a period of eight weeks thereafter. Counsel submits that thereafter, the petitioners moved before the contempt court by filing the M.J.C. No. 4198 of 2019 which was disposed of vide order dated 22.04.2025 and the contempt petition was closed. Counsel submits that the petitioners thereafter moved again before this Hon’ble Court by filing the present writ petition, on the ground that command has been issued to the petitioners, therefore, at least the period for which command has been issued and the
Patna High Court CWJC No.5303 of 2026(2) dt.09-04-2026 4/6 petitioners worked, the payment be made. 4. Learned counsel for the State, on the other hand, categorically submits that the claim which the petitioners are raising here has already filed by the State in this regard, and the contempt court has considered those aspect of the matter. Counsel submits that the services of the petitioners were taken only for one year and their services were never extended. The matter has been considered before the committee but, the committee has rejected the same. 5. Upon hearing the parties, it is relevant to quote the observation made by the contempt court in M.J.C. No. 4198 of 2019 vide order dated 22.04.2025, which states as follows:-
“This contempt petition has been filed alleging violation of the order dated 21.05.2019 passed in C.W.J.C. No. 6649 of 2017, wherein this Court had passed the following order:
“The petitioners would be at liberty to approach the Superintendent of Police by filing their claim on the basis of duty command issued in their favour. If such an application is made within four weeks from today, the Superintendent of Police (respondent No. 5) will be obliged to dispose it of by a reasoned and speaking order within a period of
Patna High Court CWJC No.5303 of 2026(2) dt.09-04-2026 5/6 eight weeks thereafter.
The writ application stands disposed of.”
2. Opposite Party No.5 has filed the show cause, wherein, in paragraph No.10 it has been stated as under:
“10. That it is humbly and respectfully submitted that on the basis of attending
facts and circumstances of the case, petitioners are not entitled to any honorarium since they were neither re- appointed nor their services was extended as per rule by the competent authority after 31.08.2011. Accordingly in the unanimous opinion of the committee the petitioners claim is not considerable. In view of the matter, the application of the petitioners deserves to be dismissing outright.”
3. On perusal of paragraph No.10 of the show cause filed by the Opposite Party No.5, I find that the order dated 21.05.2019 passed in C.W.J.C. No. 6649 of 2017 has been complied with by the Opposite Party No.5.
4. Accordingly, the contempt petition stands closed and disposed of.”
6. This Court is of the view that after filing of the
Patna High Court CWJC No.5303 of 2026(2) dt.09-04-2026 6/6 earlier writ petition, matter was well considered by the committee and due to non-extension of the period, the claim of the petitioners has been rejected. As such, this court is not inclined to interfere in this matter.
7. Accordingly, this writ petition stands dismissed.
Divyansh/- (Dr. Anshuman, J) U