UMESH KUMAR VERMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Seeking exception to an order passed on 31.10.2017 passed by the learned Writ Court in C.W.J.C. No. 5538 of 2014, this appeal has been filed under Clause 10 of the Letters Patent.

(2.) Appellants sought reinstatement in pursuance to the litigation policy of the State Government and various orders passed in the case of other similarly situated Constables in whose cases this Court had granted benefit of reinstatement.

(3.) It is the grievance of the appellants that similarly situated Constables have been reinstated but benefit is not being granted to them. Ventilating the aforesaid grievance, they approached this Court in the year 2012 in C.W.J.C. No. 4711 of 2012 and when the matter came up for consideration on 06.04.2012 they withdrew the writ petition with liberty to approach the departmental authorities concerned. Permission was granted and the appellants approached the departmental authorities, namely, the Home Department and pointed out the action taken in case of other similarly situated employees, orders passed by this Court in the case of some of the employees namely in C.W.J.C. No. 12005 of 2006, L.P.A. No. 1167 of 2009 and various other cases and represented to the competent authority namely the Secretary of the Home Department along with various documents. The representation submitted by the appellants is at page 63 of the records of the writ petition and they represented the matter to the Principal Secretary in the department of Home, Government of Bihar along with various documents and also the recommendation of the Home Department, as contained in Annexure-16 dated 17.10.2012. They also brought to the notice of the authorities the recommendation made by the Superintendent of Police, Jamui vide Annexure-10 on 22.04.2008 and claimed the benefit on the following three counts:-