Patna High CourtMJC/1119/2019disposed

Amit Kumar Mishra @ Amit Kuamr Mishra v. The State Of Bihar

2022-01-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction No. 1119of 2019 =================================================== Amit Kumar Mishra @ Amit Kuamr Mishra, s/o late Vireshwar Dat Mishra, r/o vill. & PO- Mathila, PS-Koransaraiya, Dist-Buxar ... ... Petitioner/s

Versus

1. The State of Bihar

2. Rajnish Kr. Mahajan, presently posted as Principal Secretary, Department of Education, New Secretariat, Bihar

3. Raghvendra Singh, presently posted as District Magistrate, Buxar

4. Vijay Kr. Jha, presently posted as District Education Officer, Buxar

5. Rameshwar Prasad, presently posted as District Programme Officer (Establishment), District-Buxar ... ... Opposite Party/s =================================================== Appearance :

For the Petitioner/s :

Ms.NirmalaKumari, Advocate :

Mr.Amit Narayan, Advocate For the respondent :

Mr.PrabhatRanjan, AC to AAG 10 ================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2022 The instant petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.

Though the contemnors have stated that the order of this Court, disobedience whereof has been complained of, has stood complied with, inasmuch as the petitioner has been appointed on the post of Clerk at High School, Ariyaon in the 6th Pay Scale of Rs. 5,200-

20,200/-, in the Grade Pay of Rs. 1900/- as also in the 7th Revised Pay Scale Level 2, vide Momo no. 826 dated 04.01.2019, however the learned counsel for the petitioner submits that the petitioner should have been appointed on the post of Teacher and not on the post of Clerk, hence he submits that the petitioner be granted liberty to file a fresh writ petition challenging the said decision of the contemnors. Accordingly, the present contempt petition stands disposed off, however with the aforesaid liberty to the petitioner. (Mohit Kumar Shah, J) rinkee/- U