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22. In C.W.J.C. No. 14064 of 2022, the Petitioners claimed absorption on the ground that they were promoted to the Learner Driver before amendment of Rule 1186 of Bihar Police Manual, which came into effect on 15th of July, 2011. At the time of final hearing, the Petitioners have filed the respective dates against their name when they were selected as Learner Driver and adjusted in the cadre of Driver Constable.

23. In C.W.J.C. No. 14493 of 2022, the issue raised Patna High Court CWJC No.1756 of 2023 dt.08-10-2024 by the Petitioners is whether amendment of Rule 1186 (a) of Bihar Police Manual w.e.f. 15th of July, 2011 can be made the basis of disqualifying the Petitioners' absorption as Learner Driver under the unamended provision, when the Petitioner had been declared qualified for the absorption prior to 15 th of July, 2011.

24. In C.W.J.C. No. 1756 of 2023, it was submitted by the Petitioner that he was appointed as Constable in Bihar Military Police-8, Begusarai. On 29th of December, 2010, the Commandant, Bihar Military Police-8, Begusarai declared the Petitioner and other six Constables successful in driving test, conducted by a committee, constituted for the purpose of absorption of Constables of General Duty to the Cadre of Learner Driver (Samwarg). On 13th of January, 2011, the Deputy Inspector General, Military Police, Central Zone, Muzaffarpur directed the Commandant BMP-8 to send the names of the Learner Drivers for absorption in the post of Driver Constable. Before sending the names of the Learner Drivers for absorption in the post of Driver Constable, another test was taken and the names of seven Learner Drivers including the Petitioner were recommended. Original Rule 1186 of Bihar Police Manual was amended w.e.f. 15th of July, 2011. By an order, dated 29th of Patna High Court CWJC No.1756 of 2023 dt.08-10-2024 April, 2017, the Petitioners and others were posted as Hawaldar Drivers on promotion, by virtue of a notification issued by the General Administration Department in its letter No. 4800, dated 1st of April, 2016 as well as notification No. 1179/P 0-3, dated 20th of April, 2016 against the available vacancy. Thereafter, on 2nd of August, 2022, the Petitioner along with others were reverted to the post of General Constable. The Petitioners submitted a representation on 23rd of September, 2022, but the said representation was rejected vide order dated 14th of October, 2022.

53. On 24th of October, 2011, a list of Learner Driver was given to the concerned authority of Bihar Military Police for absorption as Constable Driver. They were absorbed vide a letter dated 12th of November, 2011.

54. It is contended on behalf of the Respondents that their absorption was not in accordance with law because they were not absorbed as per amended Rule 1186, which came into force on 15th of July, 2011, so the said absorption cannot be considered.

However, the writ Petitioners, who were appointed subsequent to 15th of July, 2011 or after further amendment of Rule 1186 in the year 2014, they cannot claim security on their posts of Driver Constables. The Respondents are at liberty to revert them back to their parent cadre of Police Constables.
This order is passed with a caveat that if any of such Petitioners satisfies the criteria and qualifications delineated in amended rule 1186 and has been working continuously as Driver Constables, the Respondent may consider them to absorb as Driver Constables and in such case, the rule relating to the Patna High Court CWJC No.1756 of 2023 dt.08-10-2024 age limit shall be considered from the date of their absorption as Learner Drivers.