IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1291 of 2007 Saryu Prasad Singh, son of late Thakuri Prasad, resident of village- Makhdumpur, P.S. Islampur, District-Nalanda. ….Petitioner. versus 1. The State Of Bihar through the secretary, Home (Police) Department, Government of Bihar, Main Secretariat, Patna. 2. Director General-cum-Inspector General of Police, Home (Police) Department, Government of Bihar, Main Secretariat, Patna. 3. Deputy Inspector General of Police (personnel), Home (Police) Department, Government of Bihar, Main Secretariat, Patna ……..Respondents. For the petitioner:- Mr. Shivendra Kishore, Advocate. For the State :- Mr. Shail Kumari, S.C.-15. Mr. S.K. Ranjan, AC. to S.C.-15. ----------- 02. 27.07.2011 Heard learned counsel for the petitioner and the State. 2. This writ petition was filed praying inter alia to direct respondent no. 3 to include the name of the petitioner at the appropriate place in the Provisional Seniority List of Sub-Inspector of Police circulated vide letter No. 4265 dated 21.11.2003 Annexure-6 to consider his case for promotion on the post of inspector with effect from the date, his juniors have been so promoted. 3. During the pendencey of the writ petition respondent no. 3 passed order bearing memo. No. 164 dated 10.01.2008, Annexure-10 whereunder it has been held that petitioner having been reverted to serve as Assistant Sub-Inspector of Police (general) in the year 2 1983 his seniority shall be fixed from 10.12.2004 the date he was sent for Assistant Sub-Inspector training and not from the date of confirmation as Assistant Sub-Inspector i.e. 01.07.1981. The petitioner has challenged the aforesaid order by filing interlocutory application no. 5263 of 2008, with further request that the respondent no.3 be directed to grant him seniority with effect from 04.02.1977 as he was appointed as Steno Assistant Sub-Inspector on 04.02.1972 and in the light of the provisions contained in paragraph 5 of appendix 42 of the Bihar Police Manual petitioner should have been allowed to revert as Assistant Sub-Inspector (general) soon after completion of five years from the date of appointment as Steno Assistant Sub-Inspector. 4. Learned counsel for the petitioner, with reference to the provisions contained in paragraph 5 of appendix 42 of the Bihar Police Manual as has been interpreted by the Division Bench of this Court in the case of Surya Nath Singh & Ors. versus The State of Bihar & Ors., reported in 2006 (2) P.L.J.R. 409, submitted that while passing the impugned order dated 10.01.2008 the authorities of the Police Department ignored the contents 3 of paragraph 5 of appendix 42 as interpreted by the Division Bench of this Court in the case of Surya Nath Singh (supra) and for failure of the authorities not to take notice of paragraph 5 of appendix 42 as also the judgment of the Division Bench in the case of Surya Nath Singh (supra) the impugned order dated 10.01.2008 should be set aside with direction to respondent no. 3 to revisit the question of seniority of the petitioner in the grade of Assistant Sub-Inspector of Police (general) with effect from 04.02.1977 the date on which petitioner should have been ordinarily allowed to revert from the cadre of Steno Assistant Sub-Inspector to the cadre of Sub-Inspector of Police. 5. In this connection learned counsel for the petitioner has placed reliance of sub-paragraph (iii) of paragraph 13 of the judgment rendered in the case of Surya Nath Singh (supra) which is quoted hereinbelow for ready reference:- 13. On a consideration of the two decisions in Girish Pandey and B.P.Singh and the relevant provisions of Appendix 42 of the Bihar Police Manual, I come to the 4 following conclusions……… (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. 6. Having heard learned counsel for the petitioner and the State I am satisfied that the State respondents while passing the impugned order dated 10.01.2008 has not considered the case of the petitioner for grant of seniority in the grade of S.I. of Police, in the light of paragraph- 5 of appendix 42 of the Bihar Police Manual as also in the light of the Division Bench judgment of this Court in the case of Surya Nath Singh (supra) and for the failure of the authorities to consider the case of the petitioner for grant of seniority in the light of 5 the provisions of paragraph 5 of appendix 42 of the Bihar Police Manual as also judgment of this Court, I set aside the order dated 10.01.2008 Annexure-G, 10 to the counter/writ petition and remit back the matter to the State respondent(s) for reconsidering the case of the petitioner for grant of seniority in the grade of Steno Assistant Sub- Inspector 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 three months from the date of receipt/production of copy of this order. This writ petition is accordingly, disposed of. Devendra ( V.N. Sinha, J.)