Md. Yahya Raz v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1680 of 2016 ====================================================== Md. Yahya Raz, Son of Md. Salimuddin Resident of village- Keshopur, Police Station- Sakara, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through its Director namely Sri Manish Kumar, Secondary Education, Government of Bihar, Patna.

2. Sri Manish Kumar, Director, Secondary Education, Government of Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shamimul Hoda For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-08-2018 This contempt application has been preferred alleging willful disobedience of the order dated 09.12.2010 passed by the learned Writ Court in CWJC No.10965 of 2004. It appears that upon considering the case of the petitioner, the learned Writ Court had directed the petitioner to file a fresh representation before the Director, Secondary Education, Bihar, Patna showing that he had joined in the office of Education Department and was attending the office till December, 1999. The Director was required to pass a fresh reasoned order within a period of three months thereafter. It was further directed that in case the Director, Secondary Education finds that the petitioner has joined the office of Education Department he should also

Patna High Court MJC No.1680 of 2016 (3) dt.14-08-2018 direct for payment of salary for the aforesaid period and the consequential retiral dues should also be accordingly calculated. Today, learned counsel representing the State has placed before this Court the instruction received from the Department. It appears, on going through the same, that the Director, Secondary Education, Bihar, Patna has already complied with the order passed by the learned Writ Court and a detailed reasoned order has been passed by him which has been communicated to all concerned including the petitioner vide memo no.208 dated 25.07.2018.

This being the position, the contempt application has become infructuous and is disposed off accordingly. A copy of the office order as contained in memo no.208 dated 25.07.2018 be placed on the record. Learned counsel for the State is also directed to give a copy of the said letter dated 25.07.2018 to learned counsel for the petitioner. (Rajeev Ranjan Prasad, J) Arvind/- U