Prakash Chandra Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1547 of 2022 In Civil Writ Jurisdiction Case No.7526 of 2020 ====================================================== 1.
Prakash Chandra Jha, S/o Late Kameshwar Jha, Resident of MohallaDhaboulli, P.S.-Pattarghat, District-Saharsa. 2.
Raj Kumar Sinha, Son of Late Umesh Prasad Sinha, R/o Vill.-Chandpur Bela, Azad Lane, P.S.-Jakkanpur, District-Patna. 3.
Bimal Kumar Dutta, Son of Late Ram Prasad Dutta, R/o Flat No. 103A, Tower 10, Sanchar Nagar, Lakhnibigha Road Adampur, P.S.-Danapur, District-Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through Mr. S. Siddharth, Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Bailey Road, Patna. 2.
Mr. Manmit Kumar, The Accountant General, Bihar, Patna. 3.
Mr. Manoranjan Jha, The Registrar Incharge, Civil Court, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Manish Kumar, GP- 4 For the A.G, Bihar :
Mrs. Nivedita Nirvikar, Sr. Adv.
For the Opp. No. 3 :
Mr. Piyush Lall, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-08-2025 Heard the parties.
2. An application is filed for initiating a contempt proceeding against the opposite parties for their willful disobedience of the order of this Court dated 16.09.2020 passed in C.W.J.C. No. 7526 of 2020 whereby this Court has directed as follows:- "6. That in respectful compliance of the order of the Hon'ble Court, the petitioners produced the aforesaid order of the Hon'ble Court before the
Patna High Court MJC No.1547 of 2022(7) dt.29-08-2025 2/3 District and Sessions Judge, Patna which was duly receipted at the end of the District and Sessions Judge Patna on 22.9.2020."
3. Mr. Piyush Lall, learned Advocate representing the opposite party no. 3 referring to the show cause affidavit has submitted that in compliance with the order of this Court the matter in relation to the entitlement of 3rd M.A.C.P. was placed before the Screening Committee and later on after completing all the formalities to the Accountant General, Bihar. However, on being dissatisfied with the fixation, the service book of the petitioners alongwith others returned to the office of the Civil Court.
4. In the meanwhile, the Law Department, Government of Bihar, Patna vide letter no. 4223/J dated 05.06.2023 has come out with a clarification regarding grade pay after 2nd and 3rd M.A.C.P.. In the light of the afore-noted letter, the claim of the petitioners was duly considered and in pursuant thereof, pay fixation of petitioner(s) 1, 2 and 3 was done under the order of the Drawing and Disbursing Officer, Patna on 24.08.2023. A categorical averment in this regard has been made in the paragraph 18 and 19 of the show cause affidavit. Though a rejoinder to the show cause affidavit has been filed and submission has been made that the petitioners
Patna High Court MJC No.1547 of 2022(7) dt.29-08-2025 3/3 have been deprived from their rightful entitlement and in any view of the matter they are entitled to get level 11, with the appropriate grade pay.
5. Having considered the submissions and taking note of the averments made in the show cause affidavit, specially paragraph no. 16 to 19, this Court does not find any reason or occasion to continue with the present contempt petition.
6. Accordingly, the same stands closed.
7. Suffice it to observe that if the petitioners have any grievance with respect to the letter no. 4223/J dated 05.06.2023, and/or the consequential pay fixation, they may approach before the competent authority or the Court.
(Harish Kumar, J) supratim/- U