IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13026 of 2007 1. ARUN KUMAR SINGH S/O LATE JALELSHWAR SINGH, R/O VILL- KUDARBADHA, PS- GARKHA, DISTT- SARAN (CHAPRA) 2. RAM BALI SINGH S/O LATE BHAGWAN SIGNH R/P VILL+PO, DHAR KANDHA, PS- DINARA, DISTT- ROHTAS 3. PARA NAND DAS S/O LATE DHANUSH DHARI DAS, VILL- SARHAD, PO- LOHAT PS-PANDAUL DISTT- MADHUBANI 4. BALENDRA PD. SINGH S/O LATE SINGHESHWAR SINGH R/O VILL+PO+PS- MOTIHANI, DISTT- BEGUSARAI 5. MANJOOR HASSAN ANSARI S/O LATE MD. SAMRULLAH, R/O VILL- DIHARA PS-+ PS- MANIACH, DISTT- BHOJPUR 6. DIWAKAR PD. VERMA S/O DINESHWASR PD. VERMA R/O LALA CHAPRA, PO+PS- KESHARIYA DISTT- EAST CHAMPARAN 7. YAMUNA PD. GUPTA S/O RAMDHARI SAH R/O VILL +PO- NAWADIH, PS- INDDRAPUR, DISTT-ROHTAS 8. CHANDRA KANT CHOUDHARI S/O LATE RAM DAYAL CHOUDHARI R/O VILL +PO- BIRANPUR, PS- KOELWAR, DISTT- BHOJPUR 9. PANCHANAN CHOUBEY S/O GIRIJA CHOUBEY, VILL- MAJHAULI PO-+ PS- BIHINYA, DISTT- BHOJPUR 10. RAM BALI YADAV S/O LATE BARHU ROY, R/O VILL- ABU MOHAMEDPUR PO- BAKHTIYARPUR, DISTT- PATNA 11. JAI PRAKASH NARAYAN S/O LATE BANGALI PD. SINHA, R/O VILL RAHUA RAJA RAM PO+PS- MUSHAHARI FARM, DISTT- MUZAFFARPUR 12. CHANDESHWAR PD. SINGH S/O LATE RAM BRIKSHA SINGH R/O VILL-BZIDPUR PO- BEYAPUR VAI DANAPUR, PS- MANER, DISTT. PATNA 13. MUKTINATH LAL S/O KUNG BIHARI LA, R/O VILL- +PO- PASSAUR, PS- CHARPOKHARI, DISTT- BHOJPUR 14. TARKESHWAR RAI S/O LATE RAM PD. RAI R/O VILL KUARI, PS- MAKHDUMPUR KUARI, VAI PARSA, PS- DARIYAPUR, DISTT- CHAPRA 15. ANIL KUMAR SINHA, S/O LATE RADHA RAMAN PD. SINHA, R/O VILL- CHANDANA PO- MIRJAPUR PS- MARHUARA, DISTT- CHAPRA 16. AKHILESHWAR DP. SINGH S/O LATE RAM CHANDRA SINGH R/O VILL +PO ENAI, PS- RAVILGANJ, DISTT- CHAPRA 17. RAM SHANKAR PD S/O LAT SHEOPUJAN RAM R/O VILL+ PO- LAHANGA DUMARIYA PS- BIHINYA DISTT- BHOJPUR 18. DINANATH ROY S/O SITA RAM ROY R/O VILL + PO+PS- GOPALPUR DISTT- GOPALGANJ 19. RAM CHHATRY S/O LATE K.B.CHATRY, R/O VILL KARMATAND BASTI PO-GOVINDPUR DISTT-DAUBED JHARKHAND 20. RAGHU NATH RAI S/O LATE DEO NANDAN RAI R/O VILL + PO CHAK SIKANDAR PS- BIDUPUR, DISTT- VAISHALI 21. OM PRAKAH VERMA S/O KRISHNA PD. VERMA R/O VILL DHAMAR, PS- ARRAH MUFFASIL, DISTT- BHOJPUR 22. AWDHESH KUMAR S/O LATE VISHWANATH PD. R/O VILL- SARSWATINAGAR PO +PS- BARWAT PASRAIN DISTT- WEST CHAMPARAN 23. BALIRAM PD. S/O CHOUBE MAHTO, R/O VILL- AGARWA PO- JAGANNATHPUR, PS- BETIAH MUFFASIL DISTT- WEST CHAMPARAN 24. SALIM ANSARI S/O LATE MD. RAHAMTULLAH ANSARI R/O JUBAIDA COLONY NEAR TOWN PS+PO- BETTIAH, DISTT- WEST CHAMPARAN 25. BIRENDRA PD. SINGH S/O LATE RAJDEO PD. SINGH R/O VILL- KATKUIYAN PO- TARWALIA, PS- SAMERA BAGAHA DISTT- WEST CHAMPARAN-------------PETITIONERS Versus 1. THE STATE OF BIHAR - 2 - 2. INSPECTOR GENRAL-CUM-DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. INSPECTOR GENERAL OF POLICE WIRELESS, BIHAR, PATNA 4. DY. INSPECTOR GENERAL OF POLICE WIRELESS, BIHAR,PATNA 5. SUPERINTENDENT OF POLICE WIRELESS, BIHAR, PATNA -----------------------RESPONDENTS. ----------- For the Petitioners: Mr. Viveka Nand & Mr. D.K.Paswan, Advocates For the State: Mr. Ram Adhar Tiwari, Advocate ----------- 2 18.8.2010 Heard learned counsel for the parties. Petitioners in the present writ application want quashing of the order dated 16.5.2007 which was issued by I.G. of Police wireless by virtue of which certain amounts which have been paid to the petitioners in excess of their entitlement by what is known as Reducible Pay Protection ( R.P.P.) has been ordered to be recovered with effect from 1.6.1996 in view of the order dated 1.2.1991 issued by the department of Finance, Government of Bihar. By virtue of such order of the I.G. of Police even recovery is sought to be done from these petitioners. Learned counsel representing the petitioners brings to my notice at least two decision which have been rendered on an identical issue. The first decision is in the case of Parsuram Singh & others vrs. The State of Bihar & others which CWJC No. 12526 of 2008 decided on 5.7.2010. Taking note of the submission made at the bar both on behalf of these petitioners and learned counsel for the State as well as taking into consideration the fact that identical issue came to be decided by Jharkhand High Court in favour of certain - 3 - persons and that decision came to be upheld by the Hon’ble Supreme Court and the impugned order withdrawing or demanding recovery of excess payment under RPP head was quashed. Even this Court in the case of Vndhyavasi Pandey & others vrs. The State of Bihar & Others (CWJC No. 9977 of 2007) vide order dated 22.7.2010 allowed the writ application taking cue from the reasoning given by learned Single Judge in the case of Parsuram Singh & others. The case of present petitioners in the opinion of this Court is covered by rational and reasoning given in the earlier decision on similar matter. This writ application is allowed. The impugned order contained in annexures 2 and 2/1 stand quashed. RPS (Ajay Kumar Tripathi,J.)