Jainath Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.474 of 2019 In Civil Writ Jurisdiction Case No.7116 of 2017 ====================================================== 1.

Jainath Kumar Son of Late Ramnandan Yay, Resident of village - Nainha, P.O. Nainha, District - Vaishali.

2.

Jai Prakash Narayan Chaudhary, Son of Late Shiv Prasad Chaudhary, resident of Village- Bari Yusufpur, P.O.- Hajipur, District- Vaishali. 3.

Arun Kumar Sharma, Son of Yugal Kishore Sharma, Resident of MohallaRajput Nagar, P.O.- Hajipur, District- Vaishali. 4.

Baidnath Rakesh, Son of Late Krishna Roy, Resident of Village- Khana Barkhurdar (Hathsarganj), P.O.- Hajipur, District- Vaishali. 5.

Prabhu Narayan Singh, Son of Late Chhathhu Singh, Resident of MohallaChakvara, P.O.- Hajipur. 6.

Anil Kumar, Son of Late Vishwanath Prasad Singh, resident of VillageJaitipur, P.O.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mr. R.K. Mahajan, the Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

Mr. Arvind Kumar Verma, the Director, Primary Education, Bihar, Patna. 4.

Mr. Masruddin, The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

5.

Mr. Rajeev Raushan, the District Magistrate, Vaishali. 6.

Mrs. Dr. Sangeeta Sinha, the District Education Officer, Vaishali at Hajipur, District- Vaishali.

7.

Mr. Dr. Dinesh Kumar Chaudhary, The District Programme Officer (Establishment), District- Vaishali at Hajipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mrs. Shilpa Singh, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-01-2025 Heard the parties.

2. Application has been filed for initiation of a contempt proceeding against the opposite parties for their

Patna High Court MJC No.474 of 2019(4) dt.24-01-2025 2/2 willful defiance of the order of this Court dated 02.05.2018, passed in CWJC No. 7116 of 2017, whereby this Court while disposing off the writ petition directed the District Programme Officer to take final decision with regard to the claim of financial upgradation of the petitioners under the ACP/MACP scheme.

3. A show-cause affidavit has been filed on behalf of the O.P. No. 7. It is categorically stated that in compliance with the order of this Court, the claim of the petitioners have been duly considered and finally it came to be rejected in terms of Bihar Rajkiyakrit Elementary School Teacher Promotion Rule, 2011, especially, Clause 7 thereof. The copy of the order as contained in letter no. 797 dated 12.03.2019, has also been placed on record.

4. In view of the submissions advanced and the averments made therein, the present contempt petition stands dismissed with a liberty to the petitioners to assail the same, if advised.

(Harish Kumar, J) shivank/- U