IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6967 of 2011 HARKESH RAI son of Shri Shankar Rai, resident of village Banjari, P.S. Gopalganj, District Gopalganj, … .. Petitioner Versus 1. THE STATE OF BIHAR through the Director General and Inspector General of Police, Main Secretariat, Patna, 2. The Director General and Inspector General of Police, Main Secretariat, Patna, 3. The Deputy Inspector General of Police (Personnel), Bihar, Patna, 4. Senior Superintendent of Police, Patna, 5. Sergeant Major (I), Patna, 6. Geeta Devi, widow of late Ram Naresh Rai, resident of village Banjari, P.O. + P.S. Banjari, District Gopalganj, … … Respondents For the Petitioner: Mr. Manish Kumar, Advocate, For the State: Mr. Alok Ranjan, AC to GP 17 ----------- 2 22.04.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks direction to the authorities to refrain them from deducting 50% of the various allowances, such as, food allowance, medical allowance, transportation allowance, house rent, special duty allowance, etc. and deduction of the entire income tax from the salary of the petitioner. The petitioner was appointed on compassionate ground after the death of his brother, late Ram Naresh Rai, 2 who was working as a constable in the District of Patna, and died in harness on 27.01.1989 leaving behind an illiterate widow and a male child aged about one and half years. However, subsequently, the widow of the late brother of the petitioner raised objection to the appointment of the petitioner and upon that the petitioner’s appointment was cancelled by the order dated 11.08.2001 passed by the authorities concerned. The petitioner, however, challenged that order by filing C.W.J.C. No. 15316 of 2001, which was disposed of on 22.11.2007 and he was directed to be reinstated. However, further direction was given for sharing 50% of the salary of the petitioner with the widow of the deceased brother of the petitioner. The aforesaid order was challenged by the State of Bihar by preferring L.P.A. No. 574 of 2008, which was eventually dismissed in limine by a Division Bench of this Court vide order dated 30th September, 2008, a copy of which is appended as Annexure 6 to this writ application. It is submitted on behalf of the petitioner that he has started sharing 50% of the salary with respondent no. 6, Geeta Devi, who is widow of his deceased brother, namely, late Ram Naresh Rai. However, the objection is that certain 3 allowances, which are being given to the petitioner, for example, food allowance, medical allowance, transportation allowance, house rent, special duty allowance, etc., those not being part of the salary, cannot be shared by the widow of his deceased brother. It is next submitted that the petitioner is receiving 50% of the salary, however, income tax is being deducted after calculating the entire salary as if being given to him. Learned counsel for the petitioner submits that for that purpose the petitioner has filed two representations before the Senior Superintendent of Police, Patna, which are appended as Annexures 7 and 7/1, however, no decision has been taken by the concerned authorities. In above view of the matter, this writ application is being disposed of with a direction to the petitioner to make a fresh representation before the Senior Superintendent of Police, Patna, respondent no. 4. If such a representation is filed by the petitioner within four weeks from today along with a copy of this order before the Senior Superintendent of Police, Patna, respondent no. 4, the same should be considered and disposed of by respondent no. 4 within three months in accordance with law on its own merit 4 also keeping in view the order dated 22.11.2007 passed by this Court in C.W.J.C. No. 15316 of 2001 by a reasoned order. A copy of such decision should be given to the petitioner. However, it is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioner. This disposes of the writ application. SC (Dr. Ravi Ranjan, J.)