JUDGMENT : The instant writ petition has been filed on behalf of the petitioner praying therein to issue appropriate writs, orders, directions or a writ in the nature of mandamus commanding upon the respondents not to take general cadre duty although the petitioners have been appointed on the post of Band Constable. If the respondents take general cadre duty from the petitioners and as such the respondents shall provide all the consequential benefits to the petitioners. Similarly, to the general cadre constable. That the juniors to the petitioners are general cadre have been promoted. 2. Learned counsel for the petitioners has submitted that petitioners had been appointed on the post of band Constable after fulfilling all the procedures law laid down of the appointment and all the petitioners are working on the post of Band Constable since the date of appointment with full satisfaction. It is further submitted that the Band Constable is specially separate cadre from the others which cannot be merged into the other cadres. Learned counsel for the petitioners further submits that there are 13 battalion in the Jharkhand Armed Police in the State of Jharkhand, in which the band cadre is separate cadre. Further, it has been submitted that the respondents are taking the services in general cadre from the petitioners, rather they have been appointed for the band cadre. So prayer, has been made to give direction not to take general cadre duty. 3. Counter-affidavit has been filed on behalf of the respondent no. 2 stating therein that Jharkhand Armed Police (J.A.P-1) Band, position of S.I. (A) 1, Havildar-6 land Sepoys-341 has been approved. Seniority wise among 6 Havildar, Senior Havildor is ranked as SI (A) incase of vacancy. In case of vacant Sepoy position, it is advertised out and like general Sepoy, Ban Sepoy have to clear physical and medical check up. As Sepoy of Armed Police, they undergo basic training and are provided with all the facilities that other general Sepoys enjoy. Like general Sepoy all the benefits alike equal salary, rental, ACP and seniority wise promotion is given to them. So, the instant writ petition is devoid of merit and liable to be dismissed. 4. As Sepoy of Armed Police, they undergo basic training and are provided with all the facilities that other general Sepoys enjoy. Like general Sepoy all the benefits alike equal salary, rental, ACP and seniority wise promotion is given to them. So, the instant writ petition is devoid of merit and liable to be dismissed. 4. It appears that 3rd supplementary affidavit dated 22.08.2019 has been filed on behalf of the petitioners stating therein that similar issue arose before the Hon’ble Patna High Court Patna, Ranchi Bench in C.W.J.C No. 10305 of 1985 whereby the Hon’ble High Court vide its Order dated 23.09.1996 directed the authority concerned not to depute the petitioners therein on general duty and should be engaged only for the purpose for which have been appointed. Further, it has been submitted that the relief sought for in this writ petition is covered with the facts of aforesaid judgment. 5. Order dated 23.09.1996 passed in C.W. J.C. No. 10305 of 1985 reads as under : “Petitioners were appointed as the police drivers in B.M.P. 15 in Bihar. Now a grievance has been made on behalf of the petitioners that instead of taking the work of drivers, they are being deputed as the constable and Havildars for general duties. Learned counsel appearing on behalf the petitioners submitted that the petitioners were since appointed a the drivers, they could not have been deputed for general duty, and the work of drivers could have been taken from them. Learned counsel appearing on behalf of the petitioners has also drawn my attention to certain Rules of the Bihar Police Manual, including Rule 11, and stated that according to the provisions of the Bihar Police Manual the petitioners could have been engaged as the drivers and they could have also been promoted to the post of Havildar drivers after thorough selection from among the drivers and they could have been deputed for general duties. Learned counsel appearing on behalf of the State, however, is not in a position to make countenance the averments made on behalf of the petitioners. There is nothing on record also to show that there is no posts of drivers are available in B.M.P and that is why the petitioners are being sent on deputation for general duties. Learned counsel appearing on behalf of the State, however, is not in a position to make countenance the averments made on behalf of the petitioners. There is nothing on record also to show that there is no posts of drivers are available in B.M.P and that is why the petitioners are being sent on deputation for general duties. Even if, it be the position, the petitioners could not have been disturbed and they could have been allowed to function as the drivers for which they were appointed. In this view of the matter,, I dispose of this writ application with a direction to the authorities concerned not to depute the petitioners on general duty and they should be engaged for the works of the drivers only. No order as to costs.” 5. Learned counsel for the respondents has not disputed the fact and has submitted that the relief sought for in this writ petition is covered with the facts of aforesaid judgment. 6. Considering the fact that the relief as sought for in the present writ petition, is covered with the fact of the aforesaid judgment, this writ petition stands allowed with a direction to the authorities concerned not to depute the petitioners on general duty and they should be engaged for the works of the Band Constables only. No order as to costs.