Shashi Kumar Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shashi Kumar Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.2 (DGP Bihar, Patna) to decide the petitioners' representation (Annexure 8 series) within three months by a reasoned order after hearing the petitioners or their representatives; if the decision is in favour of the petitioners, consequential benefits to be paid within six months thereafter.

Issue for consideration

Whether the petitioners are entitled to grant of 1st and 2nd MACP in Grade Pay Rs.2800/- and Rs.4200/- respectively on completion of 10 and 20 years of continuous and satisfactory service, instead of Grade Pay Rs.2400/- and Rs.2800/-, being matriculate, with consequential pay fixation. +1 more

Court's answer

Respondent No.2, the DGP Bihar, Patna, is directed to take a decision upon the petitioners' representation (Annexure 8 series) within a period of three months.

Ratio / Principle

The decision on the representation is to be taken by a reasoned order after giving hearing to the petitioners or their representatives.

Key takeaways

If the respondent takes a decision in favour of the petitioners, consequential benefits shall be paid thereafter within a period of six months.ratio¶62
The writ petition is disposed of with the above directions; the Court did not itself adjudicate the entitlement to 1st and 2nd MACP on merits.ratio¶63

Detailed headnote1 paragraphs

Patna High Court (Ranjan Kumar Jha, J.), by order dated 23-06-2026, disposed of a writ petition (CWJC No.8825 of 2026) filed by 29 serving personnel of the Bihar Special Armed Police (Constables, Havildars and Driver Havildars of BSAP-10, BSAP-14 and BSAP-04) seeking direction for grant of 1st and 2nd MACP in Grade Pay Rs.2800/- and Rs.4200/- respectively, instead of Grade Pay Rs.2400/- and Rs.2800/-, on completion of 10 and 20 years of continuous and satisfactory service, claiming parity with persons benefited by the Division Bench judgment dated 26.04.2024 in LPA No.-458/2021 (Srikant Dubey and Ors. Vs. The State of Bihar & Ors.), all appointees being under the same process and educational qualification pursuant to Advertisement No.-01/1998 dated 14.12.1998. The Court, noting that the petitioners' representation (Annexure 8 series) before respondent No.2 (DGP Bihar) remained undecided, declined to adjudicate entitlement on merits and directed the DGP Bihar to take a decision on the representation within three months by a reasoned order after hearing the petitioners or their representatives, with consequential benefits payable within six months if the decision is in their favour.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8825 of 2026

======================================================

Shashi Kumar Singh S/O-Dharamdeo Singh, R/O-Village and P.O-Sarawan, P.S.-Bardah, District-Azamgarh (U.P), Literate Constable No.-377, BSAP10, Patna.

Bharat Pandey, S/O-Kashi Pandey, R/O-Village and P.O-Baradhi, P.S.Chainpur, District-Kaimur (Bhabua), Hawildar No.-81, BSAP-10, Patna.

Munna Prasad, S/O-Late Deo Nath Ram, R/O-Village and P.O-Pachehara, P.S.-Belaon, District-Kaimur (Bhabua), Havildar No.-200, BSAP-10, Patna.

Manoj Kumar, S/O-Late Bindeshwari Prasad Singh, R/O-Village-Chowki (Ashok Dham), P.S. and District-Lakhisarai, Havildar, BSAP-10, Patna.

Md. Shamim Alam, S/O-Late Md. Nizamuddin, R/O-Village and P.O-Lai, P.S.-Bihta, District-Patna, Havildar, BSAP-10, Patna.

Anoj Kumar Maharana, S/O-Late Maheshwari Prasad Maharana, R/OVillage-Takki, P.O.-Belsira, P.S.-Fulidumar, District-Banka, Constable No.279, BSAP-10, Patna.

Shailesh Kumar, S/O-Ramanand Singh, R/O-Village-Sevati, P.O.-Patharhat, P.S.-Dhanarua, District-Patna, Driver Havildar No.-02, BSAP-10, Patna.

Hareshwar Singh, S/O-Late Suryanath Singh, R/O-Village-Ghoratap, P.S.Bihta, District-Patna, Driver Havildar No.-14, BSAP-10, Patna.

Mukesh Kumar, S/O-Late Brijmohan Sharma, R/O-Village and P.O.Bandhuganj, P.S.-Ghoshi, District-Jehanabad, Driver Havildar No.-03, BSAP-10, Patna.

Ajay Kumar Chakrawarti, S/O-Awadhesh Kumar Singh, R/O-Airport, Phulwarisharif, P.S.-Airport, District-Patna, Driver Havildar No.-09, BSAP10, Patna.

Ram Shankar Kumar, S/O-Kameshwar Singh, R/O-Village and P.ORahatpur, P.S.-Suryagarha, District-Lakhisarai, Driver Constable No.-27, BSAP-10, Patna.

Satyendra Kumar, S/O-Dharmnath Prasad Yadav, R/O-Village-Nakta Diyara, P.S.-Digha, District-Patna, Driver Constable No.-26, BSAP-10, Patna.

Rakesh Kumar Sharma, S/O-Late Parmeshwar Sharma, R/O-VillageSariyam, P.O.-Lakhna, P.S.-Gaurichak, District-Patna, Havildar No.-108, BSAP-10, Patna.

Ratneshwar Kumar Waske, S/O-Late Nayaka Waske, R/O-Village-Baghinia, P.O.-Dinapatti, P.S.-Murliganj, District-Madhepura, Havildar No.-150, BSAP-10, Patna.

Lalbabu Singh, S/O-Late Rambilash Singh, R/O-Village-Manpur Milki, P.O.-Nonhar, P.S.-Bikramganj, District-Rohtas, Havildar No.-49, BSAP-10, Patna.

Suraj Kumar, S/O-Late Dashrath Prasad, R/O-Village and P.O.-Muradabad, P.S.-Sasaram, District-Rohtas, Havildar No.-132, BSAP-10, Patna.

Nirbhay Kumar Singh, S/O-Dibakar Singh, R/O-Village-Shitalpur, P.O.Dariyapur, P.S.-Muffasil, District-Munger, Havildar No.-137, BSAP-10,

Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026 2/5

Patna.

Balwant Kumar Singh, S/O-Late Bachchan Singh, R/O-Village-Bhundi Tekri, P.O.-Dadar, P.S.-Mohania, District-Kaimur (Bhabua), Driver Havildar No.-8, BSAP-10, Patna.

Mahesh Kumar Pandey, S/O-Late Ram Nagina Pandey, R/O-Village-Pipri, P.O-Gotpa, P.S.-Agrer, District-Rohtas, Havildar No.-179, BSAP-10, Patna.

Shashi Bhushan Tiwari, S/O-Late Madhusudan Tiwari, R/O-Village and P.OKhairatiya, P.S.-Manuapul, District-West Champaran (Bettiah), Havildar No.-68, BSAP-10, Patna.

Rajan Kumar Singh, S/O-Birendra Singh, R/O-Village-Hirapakar, P.O. and P.S.-Jadopur, District-Gopalganj, Havildar No.-10, BSAP-10, Patna.

Brajesh Kumar Tiwari, S/O-Late Dinesh Tiwari, R/O-Village-Garar, P.O.Husainganj, P.S.-Aandar, District-Siwan, Driver Havildar No.-4, BSAP-10, Patna.

Sushil Kumar, S/O-Late Kashi Nath Singh, R/O-Village-Parwatpur, P.OLahrabad, P.S.-Piro, District-Bhojpur, Havildar No.-45, BSAP-10, Patna.

Madan Paswan, S/O-Late Manejer Paswan, R/O-Village-Dabadhiya, P.ODarauli, P.S.-Bhabua, District-Kaimur (Bhabua), Constable No.-425, BSAP10, Patna.

Chandan Kumar, S/O-Late Jay Kishore Singh, R/O-Village and P.O.and P.S.Dinara, District-Rohtas, Driver Havildar No.-07, BSAP-14, Patna.

Manish Kumar Singh, S/O-Late Baidhanath Singh, R/O-VillageParshurampur, P.O.-Jaigovind Nagar, P.S.-Barun, District-Aurangabad, Driver Havildar No.-04, BSAP-14, Patna.

Ashok Kumar Singh, S/O-Late Basant Singh, R/O-Village and P.O.Sakardas, P.S.-Wazirganj, District-Gaya, Driver Havildar No.-03, BSAP-14, Patna.

Abhay Kumar Singh, S/O-Ramesh Singh, R/O-Village and P.O.-Ganghara, P.S.-Shahpur, District-Patna, Driver Havildar No.-14, BSAP-14, Patna.

Satish Kumar, S/O-Late Naresh Singh, R/O-Village-Garo Bigha, P.O.Dhanwa, P.S.-Narhat, District-Nawada, Driver Havildar No.-06, BSAP-04, Dumraon (Buxar).

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

The Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Road, Patna.

The Director General of Police, Bihar Special Arms Police (BSAP), Patna.

The Inspector General of Police B.S.A.P, Bihar, Patna.

The Deputy Inspector General of Police B.S.A.P (Central Range), Patna.

The Deputy Inspector General of Police B.S.A.P (Northern Range), Muzaffarpur.

Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026 3/5

The Commandant, Bihar Special Arms Police-10, Patna.

The Commandant, Bihar Special Arms Police-04, Dumraon, (Buxar).

The Commandant, Bihar Special Arms Police-14, Patna.

The Additional Chief Secretary, Finance Department, Bihar, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Thakur, Advocate For the Respondent/s : Mr. Government Advocate (07) ======================================================

CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER

2 23-06-2026 Heard learned counsel for the parties.

This writ petition has been filed for following

reliefs:

1. For direction upon the respondent authorities to grant the l^st and 2^nd MACP to the petitioners in Grade Pay 2800/- and 4200/respectively on completion of 10 and 20 years of continuous and satisfactory service instead of Grade Pay Rs.2400/- and 2800/- as the petitioners are matriculate and pay fixation of the petitioners may be done accordingly.

II. To hold that the benefits granted by the respondent authorities in the light of the judgment of Division Bench of this Hon'ble Court dated 26.04.2024 rendered in LPA No.-458/2021 (Srikant Dubey and Ors. Vs. The State of Bihar & Ors.) may also be granted to the petitioners as the petitioners have also been appointed under the same process and on the basis of same educational qualification pursuant to an Advertisement No.-

Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026 4/5

01/1998 dated 14.12.1998 like persons who have been allowed the benefit of 1^st ACP in pay scale of Rs.4200/- on completion of 12 years of services.

III. To hold that the present petitioners are also entitled to 1 MACP in Grade Pay Rs.2800/- and 2^nd MACP in Grade Pay Rs.4200/in tune with the benefit given to those who were matriculate at the time of appointment as constable and denial to such benefit would amount to discrimination among similarly situated persons.

IV. To direct the concerned respondent authority to consider the representations of the petitioners and take an appropriate decision, and further grant the benefit of 1^st and 2^nd MACP in Grade Pay Rs.2800/- and 4200/- instead of Rs.2400/- and 2800/-.

V. For any other relief/reliefs to which the petitioners are entitled to in the facts and circumstances of this case.

During course of argument the counsel for the petitioner draws attention of this Court that a representation has been filed before the authority concerned (respondent No.2) who has to take a final decision in this regard as the issue in this case has not yet been decided as per his instruction by the respondent concerned. Respondent No.2, the DGP Bihar, Patna is directed to take a decision upon representation of petitioners i.e., Annexure 8 series within a period of three months and pass

Patna High Court CWJC No.8825 of 2026(2) dt.23-06-2026 5/5

a reasoned order after giving hearing to the petitioners or their representatives. It goes without saying that if the respondent concerned take a decision in favour of the petitioner then consequential benefit be also paid thereafter within a period of six months.

This writ petition is disposed of with direction given herein before.

(Ranjan Kumar Jha, J)

Rishabh, Atul/-

U

Parties & counsel

AI extract

petitioner
Shashi Kumar Singh¶3
Mukesh Kumar Thakur
petitioner
Bharat Pandey¶4
Mukesh Kumar Thakur
petitioner
Munna Prasad¶5
Mukesh Kumar Thakur
petitioner
Manoj Kumar¶6
Mukesh Kumar Thakur
petitioner
Md. Shamim Alam¶7
Mukesh Kumar Thakur
petitioner
Anoj Kumar Maharana¶8
Mukesh Kumar Thakur
petitioner
Shailesh Kumar¶9
Mukesh Kumar Thakur
petitioner
Hareshwar Singh¶10
Mukesh Kumar Thakur
petitioner
Mukesh Kumar¶11
Mukesh Kumar Thakur
petitioner
Ajay Kumar Chakrawarti¶12
Mukesh Kumar Thakur
petitioner
Ram Shankar Kumar¶13
Mukesh Kumar Thakur
petitioner
Satyendra Kumar¶14
Mukesh Kumar Thakur
petitioner
Rakesh Kumar Sharma¶15
Mukesh Kumar Thakur
petitioner
Ratneshwar Kumar Waske¶16
Mukesh Kumar Thakur
petitioner
Lalbabu Singh¶17
Mukesh Kumar Thakur
petitioner
Suraj Kumar¶18
Mukesh Kumar Thakur
petitioner
Nirbhay Kumar Singh¶19
Mukesh Kumar Thakur
petitioner
Balwant Kumar Singh¶22
Mukesh Kumar Thakur
petitioner
Mahesh Kumar Pandey¶23
Mukesh Kumar Thakur
petitioner
Shashi Bhushan Tiwari¶24
Mukesh Kumar Thakur
petitioner
Rajan Kumar Singh¶25
Mukesh Kumar Thakur
petitioner
Brajesh Kumar Tiwari¶26
Mukesh Kumar Thakur
petitioner
Sushil Kumar¶27
Mukesh Kumar Thakur
petitioner
Madan Paswan¶28
Mukesh Kumar Thakur
petitioner
Chandan Kumar¶29
Mukesh Kumar Thakur
petitioner
Manish Kumar Singh¶30
Mukesh Kumar Thakur
petitioner
Ashok Kumar Singh¶31
Mukesh Kumar Thakur
petitioner
Abhay Kumar Singh¶32
Mukesh Kumar Thakur
petitioner
Satish Kumar¶33
Mukesh Kumar Thakur
respondent
The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna¶36
Government Advocate (07)
respondent
The Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Road, Patna¶37
Government Advocate (07)
respondent
The Director General of Police, Bihar Special Arms Police (BSAP), Patna¶38
Government Advocate (07)
respondent
The Inspector General of Police B.S.A.P, Bihar, Patna¶39
Government Advocate (07)
respondent
The Deputy Inspector General of Police B.S.A.P (Central Range), Patna¶40
Government Advocate (07)
respondent
The Deputy Inspector General of Police B.S.A.P (Northern Range), Muzaffarpur¶41
Government Advocate (07)
respondent
The Commandant, Bihar Special Arms Police-10, Patna¶43
Government Advocate (07)
respondent
The Commandant, Bihar Special Arms Police-04, Dumraon, (Buxar)¶44
Government Advocate (07)
respondent
The Commandant, Bihar Special Arms Police-14, Patna¶45
Government Advocate (07)
respondent
The Additional Chief Secretary, Finance Department, Bihar, Patna¶46
Government Advocate (07)

Coram

AI extract

Ranjan Kumar Jhaauthor¶49