IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.830 of 2007 1. RAM BINOD SINGH S/O LATE KAMESHWAR SINGH R/O VILL. & PO SEWNAN, PS- JAHANABAD, PRESENTLY RESIDING AT BIHAR POLICE RADIO, TX BIDG. PATNA 2. RAJ NANDAN PRASAD S/O LATE ETWARI PD. R/O VILL- BHAANGWAL BIGHA PO- DARUARA, PS- NOORSARAI, DISTT- NALAND. 3. BINDESHWARI PD. SINGH S/O LATE PARMANAND SINGH R/O VILL. NARAYANPUR PO- PATTISITAL PS- DERNI, DISTT- SARAN 4. DHIRENDRA NARAYAN LALL, S/O LATE SATYADEO SAHAY,R/O VILL. & PO-JALALPUR (TEKARI) PS- TEKARI,DISTT-GAYA 5. SHRINIWAS TIWARY S/O LATE BASHISTHA TIWARY R/O ITAUHNA PO- MADIA (MARIYA) PS- SONWARSA (NAWANAGAR) DISTT- BUXAR 6. BASANT LALL, S/O LATE INDRA PD. VILL- MITHAPUR, PO- GPO- PATNA, PS- JAKANPUR, DISTT- PATNA 7. NASEER ANSARI S/O LATE AZIMULLAH, R/O MOHALLA LODIPUR, PO- GPO PATNA PS- GANDHI MAIDAN THANA DISTT- PATNA 8. RAM NARESH JHA, S/O LATE SURESH OJHA, R/O VILL- MATIHANI, PO-& PS- MATIHANI, DISTT- BEGUSARAI 9. KRISHNA MURARI PANDEY S/O LATE MUNDRIKA NATH PANDEY, R/O VILL- BIDHIPUR PO- KARAUTA, PS- BAKHTIAPUR, DISTT- PATNA 10. SURESH PD. VERMA S/O LATE LALITA PD. VERMA R/O VILL- KADIBIGHA, PO- BHAGWANBIGHA PS- RAHUI, DISTT- NALANDA 11. BADRI NARAYAN S/O LATE RAMESHWAR SAH R/O CHAUKSIKARPUR PO- BHAGWANPUR PS- CHAUK THANA, DISTT- PATNA 12. RAM BILASH CHOUDHARY “HUMANSU” S/O A.S.I. LATE RAM AUTAR CHOUDHARY R/O VILL-+PO+PS- MATIHANI DISTT- BEGUSARAI 13. RAM CHANDRA SHARMA S/O LATE KASI RAI R/OVILL- +PO+PS-MATIHANI DISTT- BEGUSARAI 14. SITARAM DAS S/O LATE GAURI SHANKAR LAL VILL+ PO- IMADPATTI, PS- JHANJHARPUR DISTT- MADHUBANI 15. UMAKANT SINGH S/O LATE AYODHYA PD. SINGH R/O LAXMIPUR BABHANIA, VIA-DHANAAAAURA PS- KAHALGAON DISTT- BHAGALPUR 16. BINOD KUMAR S/O LATE LAXMI NARAYAN ARYA R/O MOHALLA-DALDALI PO- BANKIPUR, PS- GANDHIMAIDAN, DISTT- PATNA 17. GAUTAM CHATTERJEE S/O EKKARI CHATTERJEE R/O JALEAMPUR,SHEOMANDIR, PO- GPO, PATNA PS- JAKKANPUR, DISTT- PATNA 18. SAMIR KUMAR KITRA S/O LATE AMAL KUMAR MITRA R/O MITRA KUTIR PO- SATISH SARKAR LANE PS- MASAQUECHAK ,DISTT- PATNA 19. GAURI SIGNH S/O LATE NARAYAN SINGH, R/O VILL- CHAMANDIH PO+PS-MAKHADUMPUR, DISTT-JEHANABAD 20. THAKUR SURENDRA NATH SINGH S/O LATE DHARMANATH SINGH R/O VILL- BISHNUPUR JAGDISH PO- AMNAUR PS- MARHAURA DISTT- SARAN 21. MUNDRIKA PD. SINGH S/O RAM GOVIND SINGH, R/O VILL + PO- BODHA CHAPRA PS- AUTARNAGAR DISTT- CHAPRA (SARAN)---------------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE D.G. OF POLICE, BIHAR, PATNA - 2 - 3. ASSISTANT TO THE INSPECTOR GENERAL OF POLICE (WIRELESS) BIHAR, PATNA 4. D.I.G. OF POLICE (WIRELESS) BIHAR, PATNA 5. THE DEPUTY SUPERINTENDENT OF POLICE (WIRELESS) ACCOUNTS, PATNA----------------RESPONDENTS. ----------- 3 23.9.2010 Heard learned counsel for the parties. Annexure-2 dated 23.6.2005 is under challenge in the present writ application. By virtue of the said order the respondents authority have decided to take away the benefit of what was known as Reducible Pay Protection (R.P.P.). Not only this, even order of recovery has been made based on the Finance Department decision in this regard. Similar issue came to be considered by learned Single Judge in CWJC No. 12526 of 2008 which was the case of Parsuram Singh & others. This case was heard and decided on 5.7.2010 and for the reasons given therein learned Single Judge categorically held that the benefit given to the petitioners cannot be undone now. Reducible Pay Protection was introduced in the year 1989. Since the petitioners were getting lower salary vis-à- vis their juniors and the concept was introduced to equalize their salary and bring them at par with their juniors. In the above stated circumstance this amount cannot be recovered. The reasons given in the case of Parsuram Singh and also taking into consideration that large number of similarly situated persons have already been given the benefit of the said order subsequently, this writ application is allowed. Annexure-2 is quashed. - 3 - In case the recovery has been made, the petitioners will be entitled to refund of the recovered amount. RPS (Ajay Kumar Tripathi, J.)