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Patna High CourtMJC/519/2017disposed

Rajni Kumari And ORS v. The State Of Bihar And ORS

2017-06-28Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.519 of 2017 In Civil Writ Jurisdiction Case No. 15713 of 2016 ======================================================

1. Rajni Kumari, W/o Vijay Kumar Singh, House No. B/12, Bankmens Colony, Chitragupta Nagar Patna 20, At Present working as Assistant Teacher in Rajkiya Kanya Madhya Vidyalaya, Hajipur, District - Vaishali

2. Bansuri Acharya, Wife of Late Tridev Taran Mukherjee, B.N.R. Road, Gulzrabad, Patna - 800007, at Present Working as Music Teacher, Rajkiya Kanya Madhya Vidyalaya Hajipur

3. Bibha Rani, Wife of Shri Rakesh Kumar Singh, Professor Colony, Aghoria Bazar Madhu Niketan ( Near LNT College ) Muzaffarpur, District Muzaffarpur, at Present working as Prabhari Pradhanadhyapika in Abhyasshala, Women's Primary Teachers Training College, Chandwara, Muzaffarpur

4. Pushplata Sinha, Wife of Shri Om Prakash Prasad, resident of Mohalla - Bari Yusufpur near Pani Tanki Hajipur, Presently posted as Prabhari Pradhanadhyapika in Rajkiya Kanya Madhya Vidyalaya, Hajipur, District - Vaishali

5. Shubhra Rani, Wife of Shri Avinash Kumar Shrivasta, Chetna Near I.T.I. Thanke Nageshwar Lane, Muzaffarpur, Pin Code 842001, at Present working as a Assistant Teacher in Mahila Primary Teachers Training School - Cum - Abhyaspathshala Rambag, Muzaffarpur

6. Shobha Kumari, Daughter of Shri Vilash Ray B.N.R. Teacher Training College, Quarter Gulzarbagh, Patna - 7, at Present working as Assistant Teacher, B.N.R. Training College, Gulzarbagh, Patna 800007

7. Kanak Lata, Wife of Shri Rakesh Ranjan Singh, Rose - Vale Oxbridge, Kotgust Chowki, Umashankar Lane, Gulzarbagh Patna City, Patna Pin Code - 800008 at Present working as Assistant Teacher, B.N.R. Training College, Gulzarbagh, Patna 800007 .... .... Petitioners

Versus

1. The State of Bihar

2. R.K. Mahajan The Principal Secretary, Education Department, Govt. of Bihar, Patna

3. Rajiv Prasad Singh Ranjan, The Director, Secondary Education Government of Bihar, Patna

4. Shaukat Jahan, The Regional Deputy Director of Education Tirhut Parmandal Muzaffarpur

5. Ashok Kumar Singh, The Regional Deputy Director of Education, Patna Parmandal, Patna null null

6. Abdul Vasit The Regional Deputy Director of Education Darbhanga Parmandal Darbhanga

7. Prabha Shankar Singh The Regional Deputy Director of Education Kosi Parmandal Saharsha

8. Ramayan Ram The Regional Deputy Director of Education Saran Parmandal Chapra

9. G.P. Jha The Regional Deputy Director of Education Purnea Parmandal, Purnea .... .... Opp. Parties ======================================================

Patna High Court MJC No.519 of 2017 (3) dt.28-06-2017 Appearance :

For the Petitioner/s : Mr. Ashutosh Nath, Adv. Mr. Ashok Kumar, Adv.

For the Respondent/s : Mr. Priyadarshi Matin Sharan, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-06-2017 Heard Mr. Ashutosh Nath, learned counsel appearing for the petitioners and Mr. Priyadarshi Matin Sharan, AC to AAG-15, for the State.

The writ petition filed by these petitioners was allowed by a common judgment passed in C.W.J.C.No. 17904/2016 and analogous cases, whereby this Court while quashing respective termination orders directed for reinstatement of the petitioners to their respective posts. The Writ Court, however, neither granted any consequential relief upon such reinstatement nor issued any direction as such for payment of arrears of salary. This contempt application has been filed complaining of contempt, inter alia, on grounds that arrears of salary for the period since after termination until reinstatement, has not been allowed.

Mr. Nath, learned counsel for the petitioners, does admit that since after joining, the petitioners are being paid their current salary.

Having heard learned counsel for the parties and considering that there was no order passed by the Writ Court

Patna High Court MJC No.519 of 2017 (3) dt.28-06-2017 granting consequential benefits to the petitioners nor any direction was issued regarding payment of salary for the period of ouster, no case for contempt is made out.

The contempt application is disposed of.

(Jyoti Saran, J) Surendra/- U