IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2407 of 2007 Birendra Prasad, SON OF LATE CHANDRA KISHORE DAS, RESIDENT OF VILLAGE- BARAH, P.S.- BELCHCHI, DISTRICT- PATNA AT PRESENT POSTED AS SUB-INSPECTOR OF POLICE, POLICE OFFICE DISTRICT- KATIHAR :---PETITIONER. Versus 1.The State Of Bihar THROUGH HOME COMMISSIONER-CUM- SECRETARY HOME DEPARTMENT, GOVT. OF BIHAR. OLD SECRETARIAT, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, OLD SECRETARIAT, PATNA. 3. THE INSPECTOR GENERAL OF POLICE, DARBHANGA ZONE, DARBHANGA. 4. THE DEPUTY GENERAL OF POLICE, DARBHANGA. 5. THE SUPERINTENDENT OF POLICE, KATIHAR :--- RESPONDENTS. ---------------------------------- 4. 29.08.2011. Heard learned counsel for the petitioner and the State. 2. By filing Interlocutory Application petitioner has challenged the order bearing Memo No. 6230 dated 28th December, 2007, Annexure-6, whereunder Director General of Police, Bihar, Patna has rejected the request of the petitioner to shift back the date of his allotment as General S.I. from 8.6.1989 to 09.01.1985 contrary to the provisions contained in paragraph-5 of Appendix 42 of the Bihar Police Manual as interpreted by the Division Bench of this Court in the case of Surya Nath Singh & Ors. Vs. The State of Bihar & Ors., reported in 2006(2) PLJR 409 in sub-paragraph (iii) of Paragraph-13 which 2 is quoted hereinbelow for ready reference :- “(iii). in case, Steno Sub- Inspector/Steno Assistant Sub-Inspector are retained by the Inspector-General of Police as stenographers for a period exceeding five years, on „reversion‟ their loss of seniority shall not be more than five years inasmuch as the Inspector-General of Police cannot retain them beyond five years and cause further prejudice to them with regard to their seniority on „reversion‟ as observed in the decision in Grish Pandey.” 3. In the light of the aforesaid judgment of the Division Bench, I set aside the order dated 28.12.2007 annexed with the counter affidavit and remit back the matter to the State-respondents for reconsidering the case of the petitioner for grant of seniority in the grade of Steno Assistant Sub- Inspector with effect from 09.01.1985 in the light of the provisions of Paragraph-5 of Appendix 42 as also the quoted portion of the Division Bench judgment of this Court in the case of Surya Nath Singh (supra), as early as possible, in any case within a period of three 3 months from the date of receipt/production of a copy of this order. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)