IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1727 of 2007
Akhilesh Kumar Chaudhary, son of Kamal Narayan
Chaudhary, resident of village: Kansi, P.S. : Simari,
District: Darbhanga, at present posted as Constable at
Samastipur Police Line .... ... Petitioner
Versus
1. The State Of Bihar through the Secretary, Home Police
Department, Govt. of Bihar, Old Secretariat, Patna
2. The Director-cum- Inspector General of Police,
Government of Bihar, Old Secretariat, Patna
3. The Additional Director General of Police (Personnel),
Government of Bihar, Old Secretariat, Patna
4. The Deputy Inspector General of Police, Darbhanga
Range, Darbhanga
5. The Superintendent of Police, Madhubani
6. The Superintendent of Police, Samastipur
.... ..... Respondents
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For the Petitioner :M/s Keshav Srivastava, Sr. Advocate &
Dharmesh Kumar Srivastava, Advocate
For the State :M/s Manoj Priyadarshi, S.C.-17 &
Tej Pratap Singh, A.C. to S.C.-17
03/ 08.08.2011 Heard learned counsel for the petitioner
and the State.
2. Petitioner is aggrieved by the order
bearing Memo No. 943 dated 15.12.2003, Annexure-
16 whereunder his request to grant him seniority with
effect from 13.2.1983 has been rejected observing
that petitioner having been appointed as Constable
under District Order No. 2046/97 bearing Memo No.
5173 dated 22.9.1997, Annexure-11 cannot claim
seniority with effect from 13.2.1983. Such
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observation/ finding is made in paragraph 3 of the
impugned order dated 15.12.2003, Annexure-16.
3. It is submitted on behalf of the petitioner
that petitioner appeared in the selection test for
appointment on the post of Constable during the
period between 5.1.1982- 10.1.1982 along with
others and had become successful in the test but was
not appointed, although others were appointed under
appointment letter dated 13.2.1983. Raising the
aforesaid grievance, petitioner requested the
Respondents- authorities to consider his case for
appointment as Constable but such request was
rejected under letter dated 6.11.1995. Challenging the
aforesaid letter dated 6.11.1995, petitioner filed
C.W.J.C. No. 4586 of 1996, which was disposed of
under orders dated 21.5.1997, Annexure-9 setting
aside the order contained in letter dated 6.11.1995
directing the Superintendent of Police, Madhubani to
provide the petitioner with the appointment letter
within a period of one month from the date of receipt/
production of a copy of the order dated 21.5.1997,
Annexure-9. In compliance of the order of the High
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Court, appointment order vide District Order No.
2046/97 bearing Memo No. 5173 dated 22.9.1997,
Annexure-11 was issued. It is submitted on behalf of
the petitioner, with reference to the appointment
order dated 22.9.1997, Annexure-11 that for the
administrative delay caused in giving the petitioner
appointment in the light of the result of the selection
test held between 5.1.1982 – 10.1.1982, petitioner
cannot be deprived of the seniority for the aforesaid
period, as those who appeared in the selection test
between 5.1.1982 – 10.1.1982 have been given
seniority with effect from 13.2.1983. Petitioner was
also appointed under appointment order dated
22.9.1997, Annexure-11 on the basis of his
performance in the same selection test which was
held between 5.1.1982 – 10.1.1982, as such, he
should also be given same seniority which was given
to others with effect from 13.2.1983.
4. I see substance in the submission of the
counsel for the petitioner and, accordingly, set aside
the impugned order dated 15.12.2003, Annexure-16
which was served on the petitioner on 25.4.2004
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during the pendency of M.J.C. No. 2696 of 2003,
which was disposed of on 28.3.2006 granting liberty
to the petitioner to challenge the aforesaid order,
whereafter the present writ petition was filed on
9.2.2007.
5. In the result, the impugned order dated
15.12.2003, Annexure-16 is set aside and the writ
petition is allowed. Petitioner be granted seniority
with effect from 13.2.1983, the date from which his
other colleagues who appeared in the selection test
between 5.1.1982 – 10.1.1982 have been allowed.
Arjun/ ( V. N. Sinha, J.)