Smt. Kumari Nivedita v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3506 of 2017 In Civil Writ Jurisdiction Case No.17620 of 2011 ====================================================== Smt. Kumari Nivedita, W/o Sri Chandra Bhushan Prasad Singh, R/o Vill. P.O. - Simariya, P.S. - Barauni, District - Begusarai at present Asstt. Teacher in Sri Hari Ganga Tantra Lata Sanskritichha Vidyalaya, Simariya, Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri R.L. Chongthu, Secretary/Commissioner Prathmik Madhyamik and Adult Education, Govt. of Bihar, Patna.

3.

Sri Manoj Kumar, Addl. Secretary Prathmik Madhyamik and Adult Education, Govt. of Bihar, Vikash Bhawan, Patna. 4.

Sri Vijay Kumar Pandey, Special Director, Secondary Education In-Charge Sanskrit Education, Govt. of Bihar, Vikash Bhawan, Patna. 5.

Sri Prakash Nand Mishra, Chairman, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna.

6.

Sri Milind Kumar Singh, Secretary, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna.

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv .

For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey - AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2019 The present application has been filed for initiation of contempt proceeding against the contemnor/opposite parties for the willful and deliberate disobedience shown in compliance of the order of this Court dated 08.04.2017, passed in C.W.J.C. No. 17620 of 2011, whereby opposite parties were directed to take a decision with regard to part payment within a period of three months.

Show cause has been filed on behalf of opposite party

Patna High Court MJC No.3506 of 2017(3) dt.20-09-2019 2/2 nos. 5 and 6 stipulating therein that the payments have already been made to the petitioner, which also gets reflected from the letter dated 09.03.2018, issued under the signature of the District Programme Officer, (Estb.) Education Department, Begusarai, as contained in Annexure-A to the counter affidavit. It is contended by learned counsel for the petitioner that payment have not been made as per the revised rates. In view of this Court, if the petitioner is not satisfied with the quantum of payment, it is a fresh cause of action for which, he has the liberty to agitate the same in appropriate proceeding.

In the circumstances, since the order of this Court has substantially been complied with, this Court is not inclined to proceed in the present matter.

Accordingly, the present M.J.C. application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U