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Nagendra Nath Chaubey @ Nagendra Chaubey And ORS v. Shree R. K. Mahajan, The State Of Bihar Through The Principal Secretary Health Medical Education An

2019-02-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1981 of 2017 In Civil Writ Jurisdiction Case No.7736 of 2008 ======================================================

1. Nagendra Nath Chaubey @ Nagendra Chaubey and Ors Son of Late Pars Nath Chaubey, Resident of Village-Dalsagar, Police Station-Industrial Area Buxar, District-Buxar as Petitioner no. 1 Waard Boy.

2. Surendra Nath Singh, Son of Rama Prasad Singh, Resident of VillageDalsagar, Police Station-Industrial Area Buxar, District-Buxar as Petitioner no. 5 Ward Boy.

3. Ramjee Chaudhary @ Ramji Chaubey, Son of Late Khalifa Chaudhary, Resident of Village-Manki, Police Station-Bagengola, District-Buxar, as Writ Petitioner no. 6 Open.

4. Uma Shankar Yadav, Son of Late Mukha Yadav, Resident of Village-Dalsagar, Police Station-Industrial Area Buxar, District-Buxar as Writ Petitioner no. 7 peon

5. Shashi Bhushan Mishra, Son of sri Gupteshwar Mishra, Resident of VillageChuramanpur, Police Station-Industrial Area, Buxar, District-Buxar as Writ Petitioner no. 10 Lab Boy.

... ... Petitioner/s

Versus

1. Shree R. K. Mahajan, The State Of Bihar Through The Principal Secretary Health Medical Education and Family Welfare Department, Government of Bihar, Patna.

2. Shree Sachida Nand Chaudhary, The Special Secretary, Health Medical Education and Family Welfare Department, Government of Bihar, Patna

3. Shree Dr. Satendra, The Director of General Aayush Deshi Chikishta Department, Government of Bihar , Patna

4. Shree Nagendra Prasad, Awar Secretary, The Health Medical Education and Family Welfare Department, Government of Bihar, Patna

5. Shree Dr. Tej Narayan Chaubey, the Principal of Rajkiy Shree Dhanwantri Aruveday Mahavidyalya and Chikitsalya, Ahirawhi, Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.S.D.Yadav Aag 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-02-2019 Learned counsel for the opposite parties submits that the order of the writ Court has already been complied with. Learned counsel for the petitioners submits that there is discrepancy in the pay scale.

Patna High Court MJC No.1981 of 2017(3) dt.22-02-2019 2/2 Considering the limited scope of contempt jurisdiction, particularly, in view of the judgment of the Apex Court in the case of Union of India and Others vs. Subedar Devassy PV, reported in (2006) 1 SCC 613 and reiterated in the case of Sudhir Vasudeva, Chairman and MD, Natural Gas Corporation Limited and Others v M George Ravishekaran and Others, reported in (2014) 3 SCC 373, the Court is not inclined to proceed any further in the matter.

However, liberty shall be available to the petitioners that if they are aggrieved by the decision of the opposite parties to approach the appropriate forum in accordance with law. With the aforesaid, the present application is disposed of.

(Anil Kumar Upadhyay, J) uday/- U