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Patna High CourtMJC/3493/2015dismissed

Rakesh Kumar And ORS v. The State Of Bihar Through Sri Anjani Kumar Singh The Chief Secretary Govt. Of Bihar Patna And ORS

2020-02-13Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3493 of 2015 In Civil Writ Jurisdiction Case No.17796 of 2015 ====================================================== 1.

Rakesh Kumar, son of Late Baleshwar Sharma, Presently working as Lower Division Clerk, in the office of Deputy Director, Hydrology Division (Central), Patna.

2.

Himanshu Kumar, son of Late Binod Paswan, Presently working as Lower Division Clerk, Flood Control Design Division No.4, Anishabad, Patna, District Patna.

3.

Dharmendra Kumar, son of Late Vikramaditya Vishwakarma, Presntly working as Lower Division Clerk, Flood Control Design Division No.1, Anishabad, Patna, District Patna.

4.

Arvind Kumar, son of Late Devendra Nath Sharma, Presently working as Lower Division Clerk, Canal Design Division No.3, Anishabad, Patna. 5.

Mritunjay Kumar, son of Late Madan Mohan Singh, Presently working as Lower Division Clerk, Flood Control Design Division No.2, Anishabad, Patna, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Anjani Kumar Singh, the Chief Secretary, Government of Bihar, Patna.

2.

Sri Ram Pukar Ranjan, son of not known to the petitioners, presently posted as the Chief Engineer-cum-Engineer-in-Chief, Central Design and Research, Water Resources Department, Anishabad, Patna. 3.

Sri Yogeshwardhari Singh, son of not known to the petitioners, presently posted as the Superintending Engineer, Canal and Canal Structure Design Circle, Water Resources Department, Anishabad, Patna. 4.

Sri Ra Vijay Singh, son of not known to the petitioners, presently posted as the Executive Engineer, Canal Design Division No.3, Water Resources Department, Anishabad, Patna.

5.

Sri Anil Kumar, son of not known to the petitioners, presently posted as the Deputy Director, Hydrology Division (Central), Water Resources Department, Anishabad, Patna.

6.

Md. Safdar Alam, son of not known to the petitioners, presently posted as the Executive Engineer, Flood control Design Division No.4, Water Resources Department, Anishabad, Patna.

7.

Md. Kalam Ashraf, son of not known to the petitioners, presently posted as the Executive Engineer, Flood control Design Division No.1, Water Resources Department, Anishabad, Patna.

8.

Sri Saheb Prasad Singh, son of not known to the petitioners, presently posted as the Executive Engineer, Flood control Design Division No.2, Water Resources Department, Anishabad, Patna.

... ... Opposite Party/s

Patna High Court MJC No.3493 of 2015(2) dt.13-02-2020 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr.Anita Kumari For the Opposite Party/s :

Mr.Gp19 Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2020 Heard Mr. S.B.K. Mangalam, the learned counsel appearing on behalf of the petitioners.

By order dated 17.09.2015, as contained in Annexure10, the salary of the petitioners was reduced. The petitioners filed CWJC No.15739 of 2015 and CWJC No.17796 of 2015. This Court by order dated 14.10.2015, passed in CWJC No.15739 of 2015, directed the respondents to maintain status quo prior to issuance of Annexure-10, dated 17.09.2015 till further order. It is submitted that meaning thereby the Court passed the order to continue payment of salary to the petitioners what they were getting prior to issuance of letter as contained in Annexure-10, dated 17.09.2015 but the respondent authorities made payment to the petitioners in the reduced pay scale. Now, the writ petition have already been disposed of and the petitioners are getting their such salary which they have been entitled. Of course the respondents did not restore nor continued to make payment of salary what they were getting prior to 17.09.2015, but since after disposal of the writ petitions, the petitioners have been getting their due salary and the order as

Patna High Court MJC No.3493 of 2015(2) dt.13-02-2020 3/3 contained in Annexure-10 has been quashed, no further action is required to be taken in this contempt petition. Accordingly, the contempt petition is dropped.

The M.J.C. petition is dismissed.

(Prabhat Kumar Jha, J) S.KUMAR/- U