Dhananjay Kumar Singh v. State Of Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2443 of 2010 ====================================================== Dhananjay Kumar Singh S/O Late Rajendra Singh Resident Of Village Kachanar, P.S. Siswan, District Siwan.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Mr. Anjani Kumar Singh, The Principal Secretary, H.R.D. Department, Govt. Of Bihar, Patna.

3.

Mr. Ashutosh Kumar, The Director, Primary Education, Human Resources Development Department, Govern 4.

Mr. Deepak Kumar, The Principal Secretary, Personnel And Administrative Reforms Department, Governm 5.

Mr. Saryug Prasad, The Deputy Secretary, Personnel And Administrative Reforms Department, Governmen 6.

Mr. Balamurugan D., The District Magistrate, Siwan. 7.

Mr. Jyoti Kumar, The District Education Officer, Siwan. 8.

Mr. B.N. Jha, The District Superintendent Of Education, Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal, Adv.

For the State :

Mr. Pranoy Kumar, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-10-2023 Heard Mr. Bajarangi Lal, learned counsel appearing on behalf of the petitioner and Mr. Pranoy Kumar, learned counsel for the State.

2. The petitioner by pressing the present application seeking initiation of a proceeding against the opposite parties for their alleged wilful defiance of the order dated 08.01.2010 passed by a Bench of this Court in CWJC No. 17533 of 2009.

Patna High Court MJC No.2443 of 2010(5) dt.13-10-2023 2/3

3. It has been informed to this Court that against the order under contempt the State has preferred LPA No. 1944 of 2010 which stood disposed of on 14.09.2017 itself with a direction to the State Government to proceed in the matter and to take action for granting benefit of the employees like the present respondent in this appeal in the light of the directions issued by the Honble Supreme Court in Mukesh and others Vs. The State of Bihar and others, (2017) 5 SCC 383. It has also been directed that the State respondents shall examine the case of the writ petitioner in the light of the judgment passed in Mukesh (supra) and evaluate their claim with regard to the payment being done prior to 01.07.2006, in accordance with Bihar Panchayat Primary Teacher Rules, 2006 and take a decision afresh in accordance with law, as directed by the Hon'ble Supreme Court.

4. In the light of the aforenoted order passed by the Division Bench in LPA No. 1944 of 2010, the claim of the petitioner was duly considered and same has been negated vide office order dated 11.09.2018 contained in Memo No. 2733 issued by the District Programme Officer (Establishment), Siwan.

5. At this stage, learned counsel for the petitioner

Patna High Court MJC No.2443 of 2010(5) dt.13-10-2023 3/3 seeks liberty to assail the office order issued by the District Programme Officer (Establishment), Siwan.

6. In view thereof, the present contempt petition stands disposed of with the aforesaid liberty. (Harish Kumar, J) Anjani/- U