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Patna High CourtMJC/1952/2014disposed

Kumar Gunanand Singh And ORS. v. The State Of Bihar And ORS

2015-11-24Mr. Justice Mihir Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1952 of 2014 In Civil Writ Jurisdiction Case No. 15309 of 2013 ======================================================

1. Kumar Gunanand Singh Son of Sri Ram Kripal Singh R/o Khurasah, P.S. Salkhhua, District Saharsa, at present working as an Assistant Teacher in Govt Basdic School, Suhath, Saharsa

2. Bhagwan Prasad Singh Son of Late Ganesh Prasad Singh R/o Mohalla Bishwanath Mandir Road, Lakhibagh, Masaurhi, P.S. Masaurhi, District Patna, at present working as an Assistant Teacher in govt Basic School Naurangabad, Patna

3. Surendra Kumar Sinha Son of Sri Ram Keshwar Singh R/o Mohalla Urantala, Anisabad, P.s. Gardanibagh, District Patna, at present working as an Assistant Teacher in Govt Basic School, Gonpura, Patna

4. Mahesh Kumar Son of Late Kashi Nath Tanti R/o Mohalla Khushahal Chak, Kurmichak, P.S. Bhadaur, District Patna, at present working Gonpura, Patna

5. Akhileshwar Prasad Son of Late Jagdish Prasad R/o Mohalla Panchawati Nagar, Rajendra Nagar, P.S. Bahadurpur, District Patna at present working as an Assistant Teacher in RKK govt Basic School, Patna City

6. Sudhir Kant Sharma Son of Sri Sawammar Mistry R/o Dulhin Bazar, P.S Dulhin Bazar, District Patna at present working as an Assistant Teacher in Govt Basic School, Akhharpur, Patna

7. Krishnadeo Yadav Son of Late Tarni Prasad Yadav R/o Mohalla Shahowar Atta, Jamta Chack, Ward No 18, Purnea, District Purnea, at present working as an Assistant Teacher in Govt Basic School, Sahara, Purnea

8. Pramod Kumar Jha Son of Late Kulanand Jha R/o Ward No. 14, Vidyapatinagar, P.S. Forbesganj, District Araria, at present working as an Assistant Teacher in Govt Basic School, Haripur, Araria

9. Arvind Kumar Bharti Son of Sri Jagdish Prasad Verma R/o Ramginia, P.s. Simri Bakhtiyarpur, District Saharsa, at present working as an Assistant Teacher in Govt Basic School, Harpur, Araria

10. Narendra Kumar Son of Late Shyamal Pd Yadav R/o Ward No. 17 Banawari Nagar, P.S. K. Hat, District Purnea, at present working as an Assistant Teacher in Govt Basic School,Chandi Raffiganj, Purnea

11. Ajay Kumar Son of Late Bisheshwar Jha R/o Mohalla Sitla Asthan, Mirchai Bazar, P.S. Katihar, district Katihar, at present working as an Assistant Teacher in Govt Basic School, Kalsur, Hasanganj, Katihar

12. Upendra Narayan Singh Son of Late Achint Lal Singh R/o Ward No. 16, Banmankhi, District Purnea, at present working as an Assistant Teacher in Govt Basic School, Dhima, Banmankhi, Purnea

13. Bhogendra Kamti Son of Parmeshwar Kamti R/o Banmankhi, Laha Patha, P.S. Banamankhi, District Purnea

14. Jagadish Prasad Yadav Son of Late Anup Lal Yadav R/o Ward No. 7 Banmankhi, P.S. Banmankhi, District Purnea, at present working as an Assistant Teacher in Govt Basic School, Janki Nagar, Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

Patna High Court MJC No.1952 of 2014 (6) dt.24-11-2015

2. Namely Amarjeet Sinha, Principal Secretary, Education Department, Govt of Bihar, New Secretariat, Patna

3. The Director, Primary Education Department, New Seceretariat, Patna namely Mr Ram Sarnagat singh .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratap Sharma, Adv For the Respondent/s : Mr. Manindra Kishore Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 24-11-2015 Heard learned counsel for the parties.

Having regard to the stand taken by the respondents in the supplementary show cause, this Court is not inclined to proceed with this contempt application, inasmuch as, it is satisfied that the directions given in the connected writ application has been complied in the letter and spirit.

Rest of the grievance of the petitioner that the financial benefit in the promotion order has not been given from retrospective effect or that the place of posting pursuant to the order of promotion has not been decided, cannot be made part of this contempt proceeding. If the petitioners have any such grievance they can always raise it before the competent authority/Court but then persuing the remedy of contempt

Patna High Court MJC No.1952 of 2014 (6) dt.24-11-2015 for this purpose is definitely not permissible in law. That being so, this contempt proceeding is closed. The personal appearance of Director, Primary Education, is hereby dispensed with.

(Mihir Kumar Jha, J) Ranjan/- U