Brahmdeo Pasawan And ORS. v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1554 of 2010 ===========================================================

1. Brahmdeo Pasawan son of Late Baneshwar Paswan, at present posted as Assistant Teacher in elementary school, Bhagwanpur, Nawadah (west) District Nawadah at Vill+ P.O. Pacharah, P.S. Hisua, District Nawadah.

2. Sajug Prasad Sharma son of Late Sri Bachhu Sharma at present posted as Assistant Teacher in Middle School, Chari District Nawadah, at Village+ P.O. Lakhmohna, District Nawadah.

3. Krishna Deo Prasad Singh, son of Sri Kali Charan Singh, at present posted as Assistant Teacher, Primary School, Sahebchak, Anchal Nawadah(East), District Nawadah, at village+ P.O. Lakhmohna, District Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Commissioner cum Secretary, Department of Human Resources Development, Govt. of Bihar, Patna named as Sri Anjani Kr. Singh, S/o not known to the petitioners.

2. The District Education Establishment Committee, Nawadah through its Secretary, the District Superintendent of Education, Nawadah named as Ram Sakal Singh, son not known to the petitioners.

3. The District Magistrate cum Collector cum Chairman, District Education Establishment Committee, Nawadah, named as Masood haman, son not known to the petitioners.

4. The District Superintendent of Education, Nawadah named as Ram Sakal Singh, son not known to the petitioners. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Sinha

Patna High Court MJC No.1554 of 2010 dt.14-09-2018 2/3 Mr. Sunil Kumar For the Respondent/s : Mr. (Gp9) =========================================================== (Per: HONOURABLE THE CHIEF JUSTICE ) and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) Date: 14-09-2018 The aforesaid contempt application has been filed alleging disobedience of the judgment dated 21.4.2009 passed by the learned Full Bench of this Court in LPA No. 985 of 1996 and other analogous cases.

2. In the present case all the petitioners are stated to be posted as Assistant teachers/ teachers in the district of Nawadah in the Government Middle School.

3. The learned counsel for the petitioners has alleged that fresh seniority list, as directed vide aforesaid judgment dated 21.04.2009 passed by the learned Full Bench, has not been prepared.

4. Per contra, the learned counsel for the respondents/ opposite parties, by referring to the show cause filed in the present case, has submitted that the requisite seniority list has already been prepared and the promotions have thereafter also been granted, hence, the present contempt petition has become infructuous.

Patna High Court MJC No.1554 of 2010 dt.14-09-2018 3/3

5. We have heard the learned counsel for the parties and we find that the judgment dated 21.04.2009 passed by the learned Full Bench stands complied with, hence the present contempt petition is disposed of with liberty to the petitioners to take recourse to such remedies as are available under the law for redressal of their grievances, if any.

(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) (Mohit Kumar Shah, J) BTiwary/- AFR/NAFR NAFR CAV DATE N/A Uploading Date24-09-2018 Transmission Date