UPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Abhinav Srivastava, learned counsel for the appellants and Shri P.K. Verma, learned Additional Advocate General No.3 for the State.

(2.) The appeal assails the impugned judgment dated 18th July, 2018 delivered by a learned single Judge in C.W.J.C. No.9400 of 2018, wherein the appellants had prayed that they should be allowed to retain the status of the Driver Constables which they have acquired by lawful means in spite of having been placed on deputation in the Special Task Force keeping in view the exercise which was undertaken by the respondents in terms of Paragraph 1186 of the Bihar Police Manual.

(3.) The submission is that the appellants cannot be deprived of their position in the gradation list of Drivers of the Bihar Military Police, which is their original parent cadre once they have faced the committee constituted for selecting the Drivers under Paragraph 1186 aforesaid. Apart from this, it has also been urged that such benefits have been extended to others vide orders dated 10th of May, 2013, 20th of May, 2013, 04th of June, 2013, 25th of November, 2013 and 07th of December, 2013. It is urged that all these Drivers, who have been posted in the Special Task Force on deputation, have been repatriated to their original cadre but simultaneously allowing them to retain their position as Drivers. Thus, denial of the said benefit to the appellants is discriminatory and violative of Article 14 of the Constitution of India.