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Patna High CourtMJC/3349/2015disposed

Harinandan Singh v. State Of Bihar Through Mr. Anjani Kumar Singh The Chief Secretary Govt. Of Bihar And ORS

2016-05-04Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3349 of 2015 In Civil Writ Jurisdiction Case No. 3520 of 2000 ====================================================== Harinandan Singh Son of Late Satya Narayan Singh, Resident of Village - Shambhupur, P.O.- Sarai, P.S.- Sarai, District - Vaishali at Hajipur .... .... Petitioner

Versus

1. State of Bihar through Mr. Anjani Kumar Singh, Son of not known to the petitioner, the Chief Secretary, Government of Bihar, Old Secretariat, Patna

2. Mr. P.K. Thakur, Son of not known to the petitioner. Director- cum Inspector General of Police, Bihar, Patna

3. Mr. Amir Subhani Son of not known to the petitioner. Secretary, Personnel and Administration Reforms, Department (now General Administration Department) Bihar, Patna

4. Mr. Rajendra Ram Son of not known to the petitioner. Additional Secretary to Government in Personnel and Administration Reforms Department (now General Administration Department), Government of Bihar, Patna

5. Mr. Rameshwar Das Son of not known to the petitioner. Dy. Secretary, Personnel and Administration Reforms Department (now General Administration Department), Bihar, Patna .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Yashraj Bardhan For the Respondent/s : Mr. Devendra Kr Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2016 Sri D.K.Sinha, learned AAG-2 submits that in the 2nd show cause filed on 2nd May 2016, due to inadvertence, Opp.Party no.5 has wrongly been typed in place of Opp.Party no.3, whereas it has been filed on behalf of Opp.Party no.3. Accordingly, he makes a prayer for correction. The prayer is allowed.

It may be done in course of the day.

Patna High Court MJC No.3349 of 2015 (5) dt.04-05-2016 2/3 Heard Sri Yasraj Bardhan, learned counsel for the petitioner and Sri Devendra Kumar Sinha, learned AAG-2. The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties on allegation of wilful disobedience an order dated 02.07.2015 passed in C.W.J.C.No.3520 of 2000. By the said order, this Court, while quashing orders contained in Annexures 8 and 9, had directed the Respondents to implement the order of the writ court by way of issuance of notification in respect of grant of Junior Selection Grade to the petitioner with effect from 1983 with all consequential benefit.

In this case, earlier number of show causes were filed. Lastly, direction was issued for personal appearance of all Opp.Parties including the Chief Secretary. However, on last date i.e. 16.03.2016 (i) the D.G.P., (ii) the Secretary, Personnel & Administrative Reforms Department, (iii) Addl. Secretary, Personnel & Administrative Reforms Department as well as (iv) Dy. Secretary, Personnel & Administrative Reforms Department were present in Court and Opp.Party no.3 had assured that he will immediately comply the order of the writ court. Thereafter, 2nd supplementary show cause has been filed on 2nd May, 2016, wherein it has been indicated that the order

Patna High Court MJC No.3349 of 2015 (5) dt.04-05-2016 3/3 of the writ court has already been complied with. Learned counsel for the petitioner accepts that the petitioner has already been granted Junior Selection Grade and the arrears amount has already been paid. It has also been indicated that pension and gratuity of the petitioner has also been revised. In view of show cause filed on behalf of Opp.Party no.3 on 2nd May,2016 , the Court is satisfied that the order of the writ court has already been complied with in its letter and spirit. Accordingly, the contempt proceeding stands dropped.

(Rakesh Kumar, J) NKS/- U