Shakila Rafat Ghani v. The State Of Bihar Through Sri Amrit Lal Meena
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1601 of 2025 In Civil Writ Jurisdiction Case No.16171 of 2024 ====================================================== Shakila Rafat Ghani wife of Md. Rashid Shibil, resident of Ismail Shaheed Road, east of Pani Tanki Siwan, District Siwan, presently working as Shorter, Z.A. Islamia College, Siwan, District - Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar through Sri Amrit Lal Meena (male), son of not known to the petitioner presently posted as the Chief Secretary, Government of Bihar, Patna.
2.
Sri S. Sidharth, son of not known to the petitioner, presently posted as the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
Smt. Rekha Kumari, wife of not known to the petitioner, presently posted as the Director Higher Education, Education Department, Government of Bihar, Patna.
4.
Prof. Parmendra Kumar Bajpayee, son of not known to the petitioner presently posted as the Vice Chancellor, Jai Prakash University, Chapra. 5.
Prof. (Dr.) Narayan Das son of not known to the petitioner, presently posted as the Registrar, Jai Prakash University, Chapra. 6.
Sri Sudhanshu Mishra, son of not known to the petitioner presently posted as the Finance Officer, Jai Prakash University, Chapra. 7.
Md. Idris Alam, son of not known to the petitioner, presently posted as the Principal, Z.A. Islamia College, Siwan, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh- Advocate For the Opposite Party/s :
Mr. Standing Counsel 1 For the University :
Mr. Bindhyachal Rai- Advocate Mr. Chandan Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025
1. Heard learned counsel for the petitioner, Mr. Vijay Kumar Singh, learned Standing Counsel-1 for the State and the learned counsel appearing on behalf of the Jai Prakash University (in short 'University'), Mr. Bindhyachal Rai.
2. The learned counsel appearing on behalf of the petitioner submits that the instant contempt application has been
Patna High Court MJC No.1601 of 2025(2) dt.29-08-2025 2/3 filed for initiating a proceeding of contempt against the opposite parties for their willful violation of the order dated 18.11.2024 in CWJC No.16171 of 2024. The learned counsel appearing on behalf of the petitioner submits that the petitioner was drawing a salary of Rs.62,200/- and the same was reduced to Rs.48,900/- after pay verification. It is submitted that the pay verification letter issued by the Education Department was challenged by the petitioner before this Court in CWJC No.16171 of 2024. It is next submitted that CWJC No.16171 of 2024 was allowed by an order dated 18.11.2024 and the pay verification certificate was quashed and the Director, Higher Education Department, Government of Bihar was directed to proceed a fresh in accordance with law. The learned counsel next submits that after the pay verification letter was quashed by this Court, as such, the petitioner reverted back to her original salary which she was receiving i.e. Rs.62,200/-, but then, petitioner is getting a lessor salary.
3. The learned counsel appearing on behalf of the University submits that from perusal of the Contempt application, it would manifest that petitioner has annexed letter dated 21.01.2025 issued by the Director, Higher Education Department, Government of Bihar addressed to all the Vice-Chancellor of Different Universities wherein at Clause-(xii) it is incorporated:- "स्ववीककत पददों पर वववधिवत् रूप से वनियुक्त सभवी वशिक्षकसेत्तर कवर्मियदों कक
Patna High Court MJC No.1601 of 2025(2) dt.29-08-2025 3/3 वसेतनि सत्ययापनि ककषषांग से संशिकवधित अद्यतनि वसेतनि पयुरर्जा वनिगर्मित हकनिसे तक 25 प्रवतशित रयावशि कवी कटटौतवी कर अवशिसेष रयावशि कया भयुगतयानि वकयया रयाएगया। "
4. It is submitted that the salary of the petitioner is being paid in terms of the letter dated 21.01.2025 issued by the Director, Higher Education Department, Government of Bihar. It is next submitted that if petitioner is aggrieved by the letter dated 21.01.2025 issued by Director, Higher Education, Education Department, Government of Bihar, in that event, petitioner has remedy of assailing the same before an appropriate forum. It is next submitted that till letter dated 21.01.2025 is not set aside, no contempt is made out.
5. The court is in complete agreement with submissions made by the learned counsel appearing on behalf of the University and thus, finds no merit in the contempt application and the same is dismissed.
(Satyavrat Verma, J) vikash/- U T