Daya Nand Jha And ANR. v. The State Of Bihar And ORS

Patna High Court MJC No.60 of 2013 dt.18-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.60 of 2013 IN Civil Writ Jurisdiction Case No. 14938 of 2009 ===========================================================

1. DAYA NAND JHA, S/O LATE PANDIT BHAIRAB JHA, R/O VILLAGE - HARIPUR, P.S. & P.O. GHUNA BAZAR, ANCHAL NARPATGANJ, DISTRICT - ARARIA

2. INDRA NARAYAN DEO, S/O LATE PARMESHWAR LAL DEO, R/O WARD NO.2, BIRPUR, P.S. BIRPUR, DISTRICT - SUPAUL .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR

2. SRI S.K. NEGI, THE SECRETARY - CUM - COMMISSIONER, DEPARTMENT OF IRRIGATION, GOVT. OF BIHAR, PATNA

3. SRI BALRAM SINGH, THE JOINT SECRETARY, DEPARTMENT OF IRRIGATION, GOVT. OF BIHAR, PATNA

4. SRI JAGDEO PRASAD, THE UNDER SECRETARY, DEPTT. OF IRRIGATION, GOVT. OF BIHAR, PATNA

5. SRI GANESH LAL BASAK, THE CHIEF ENGINEER, KOSHI PROJECT. DARBHANGA

6. SRI UPENDRA KUMAR, THE SUPERINTENDING ENGINEER, WESTERN KOSHI CANAL CIRCLE II, BIRPUR CAMP, JAI NAGAR, P.S. JAI NAGAR, DISTRICT - MADHUBANI

7. SACHIDA NAND PD. SINGH, THE EXECUTIVE ENGINEER, WESTERN KOSHI CANAL DIVISION I, RAJ BIRAJ CAMP, JAINAGAR, P.S. JAINAGAR, DISTRICT - MADHUBANI .... .... OPPOSITE PARTY/S =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 18-02-2015 Heard learned counsel for the petitioners and learned A.C. to A.A.G. 10 for the State.

The present contempt application has been filed for noncompliance of the order dated 23.11.2009 passed in C.W.J.C. Nos. 14938 of 2009 and 14874 of 2009.

Patna High Court MJC No.60 of 2013 dt.18-02-2015 Learned A.C. to A.A.G. 10 submits that in compliance the order under contempt, the claim of the petitioners for their adjustment to the post of Assistant Engineer (Civil) was duly considered by the opposite parties and after exhausting all the official formalities, petitioners were adjusted to the said post with effect from 31.12.1976 vide departmental resolution contained in Memo No. 930 dated 25.08.2011 and all the consequential benefits were given to the petitioners with effect from the said date and due amounts has already been paid to the petitioners, which would appear from the supplementary show cause filed on behalf of the opposite party no. 4 on 28.01.2015. The learned counsel for the petitioners submits that they have not been given 3rd A.C.P. in accordance with law for which the petitioners were entitled.

Since the order, under contempt, has been complied with by the opposite parties, therefore, no further action is required. If the petitioner feels any grievance, he may take recourse in accordance with law before the appropriate forum. Accordingly, this contempt application is disposed of. (Rajendra Kumar Mishra, J) Bhardwaj/- U