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Patna High CourtMJC/35/2020dismissed

Renuka Singh v. The State Of Bihar

2025-03-05Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.35 of 2020 In Civil Writ Jurisdiction Case No.16919 of 2019 ====================================================== Renuka Singh, W/o Sri Harendra Kumar Singh, Resident of Arpana Bank Colony, Phase-2, Ramjaipal Road, P.O.- Danapur, District-Patna at present trained graduate teacher, Cantt. Middle School, Alakhvarg, Danapur, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Dr. Ranjit Kumar Singh, S/o Father's name not known, Director of Primary Education, Human Resources Development Department, Government of Bihar, Patna.

2.

Dr. Ranjit Kumar Singh, S/o Father's name not known, Director of Primary Education, Human Resources Development Department, Government of Bihar, Patna.

3.

Sri Jyoti Kumar, S/o Father's name not known, District Education Officer, Patna.

4.

Sri Keshav Prasad, S/o Father's name not known District Programme Officer (Establishment), Patna.

5.

Sri Dinesh Pankaj, S/o Father's name not known, Block Education Officer, Danapur, Patna.

6.

Smt. R. Singh, W/o Sri H.K. Singh, incharge Headmaster, Cantt. Middle School, Alakhvarg, Danapur, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Harendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-03-2025 Heard learned Advocate for the petitioner and the learned Advocate for the State.

2. The instant application is filed for initiating a contempt proceeding against the concerned opposite parties for their willful disobedience of the order dated 21.08.2019 passed by a Bench of this Court in C.W.J.C. No. 16919 of 2019

Patna High Court MJC No.35 of 2020(2) dt.05-03-2025 2/3 whereby this Court has been pleased to direct as follows:- "Considering the aforesaid submissions, the writ Application is disposed of with a direction to the respondent District Programme Officer (Establishment), Patna to take appropriate d pay ecision with regard to the claim of the petitioner, if the similarly circumstances others have been granted the same benefit then the monetory benefits arising out of pay revision must be paid to the petitioner at the earliest preferably within a maximum period of three inonths from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of."

3. A show cause affidavit has been filed on behalf of the opposite party no. 3 and 4 with a categorical averment that in compliance with the order of this Court, the concerned authority vide memo no. 3346 dated 11.06.2021 has issued reasoned order rejecting the claim of the petitioner in view of the Finance Department circular contained in memo no. 5770 dated 10.11.2020.

4. Learned Advocate for the petitioner at this juncture contended that there was a specific direction of this Court to ensure the payment of monetary benefit as has been accorded to

Patna High Court MJC No.35 of 2020(2) dt.05-03-2025 3/3 the other similarly situated persons, however the State authorities have withdrawn the order, whereby the others have been allowed the benefit.

5. In view of the submissions advanced and the materials available on record, this Court does not find any reason and occasion to continue with the contempt proceeding, accordingly the present contempt petition stands closed, however the petitioner is at liberty to assail such order or to avail other remedy available under the law.

(Harish Kumar, J) supratim/- U