IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14097 of 2004 1. BIHAR PROSECUTION OFFICERS ASSOCIATION, THROUGH ITS GENERAL SECRETARY, NAMELY, HIMANSHU RANJAN, SON OF SRI RAJ KISHORE PRASAD SINHA, RESIDENT OF VILLAGE- BINDAULI, POLICE STATION – GAURICHAK, DISTICT – PATNA. 2. SUJIT KUMAR SINHA, SON OF SRI SARVJEET NARAYAN, RESIDENT OF J-18, P.C. COLONY, KANKARBAGH, P.S. KANKARBAGH, IN THE TOWN AND DISTRICT OF PATNA, VICE PRESIDENT OF BIHAR PROSECUITON OFFSICERS ASSOCIATION. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. SECRETARY CUM COMMISSIONER, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR GENERAL, PROSECUTION, BIHAR, PATNA. 4. SECRETARY CUM COMMISSIONER, DEAPRTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. 5. SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, DEPARTMENT OF HOME (POLICE), GOVERNMENT OF BIHAR, PATNA. ----------- 05. 9.8.2010 Writ has been filed primarily in a representative capacity for enforcement of Bihar Prosecution Service Manual. It is also for grant of pay scale to the members of the association, keeping in mind the pay scales which have been made available to other employees of the State from time to time. Primarily the inaction or in-decision on the part of the respondents has brought these petitioners before the Court. There could be no dispute with regard to enforceability of the provisions of the Manual or Rules which have already been notified by the State since a kind of service conditions have already been worked out. The State authorities have an obligation to put the nitty- 2 gritty of such provisions into effect. However, since these are matters of policy and its implementation based on which the Court can only issue direction upon the Principal Secretary cum Commissioner, Department of Homes, Government of Bihar, to look into the grievances of the petitioners’ association and put the mechanism in place so that the members start drawing advantages of the Bihar Prosecution Manual and are also saddled with the corresponding responsibility in this regard. The writ application is disposed of with a direction that the State will take steps as early as possible in this regard. rkp ( Ajay Kumar Tripathi, J.)