Bina Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3812 of 2014 IN Civil Writ Jurisdiction Case No. 13121 of 2008 =========================================================== Bina Devi Wife of Kamlesh Thakur Resident of Village- Sant Nagar, Ward No.15, Gangjala, P.S. Saharsa (Town), District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mr. Amarjeet Sinha, the Principal Secretary, Human Resources Department Govt. of Bihar, Patna
3. Mr. Ram Bhujhawan Chaudhary, the Director Secondary Education, Govt. of Bihar, Patna.
4. Mr. Shashi Bhushan Kumar, District Magistrate, Saharsa, Dist.- Saharsa.
5. Mr. Prakash Ranjan, the Regional Deputy Director of Education, DistrictSaharsa.
6. Mr. Nand Kumar Ram, the District Education Officer, Saharsa, DistrictSaharsa.
7. Mr. Subash Jha, the Head Master of Government Girl's High School, Poorab Bazar, Saharsa, District- Saharsa.
.... .... Opp. Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Md. Kamaluddin For the Respondent/s : Mr. Sheo Shankar Pd. (SC10) =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 23-05-2017 Heard learned counsel for the petitioner and counsel for the State.
In this case, the petitioner has complained about noncompliance of the order of this Court dated 5.12.2011 passed in CWJC No. 13121 of 2008, whereby and whereunder, the Court has refused to grant relief of regularization in service but, had directed, in future, if the Education Department or any Department goes for empanelment of ClassIV post, the case of the petitioner should be considered strictly in accordance with law. The relevant portion of the aforesaid order reads as
Patna High Court MJC No.3812 of 2014 dt.23-05-2017 follows:- "That being so, this writ application, so far it relates to regularization of service, must fail but, as with regard to her empanelment for appointment on Class-IV post in future either in Education Department or any other Department in terms of the circular of the State Government contained in letter no. 16441 dated 3.12.1980, must be considered strictly in accordance with law and in the light of the observations made above."
In paragraph no.8 of the show-cause, it has been mentioned that the name of the petitioner is in process to be entertained for empanelment in the district panel according to merit and status of the petitioner which is in hand to comply. Paragraph no.8 of the show-cause reads as follows:- "8.
That it is stated and further humbly submitted that the name of the petitioner is in process to be entertained for empanelment in the District panel according to merit and status of the petitioner which is in hand to comply."
In view of the statement made in the show-cause, there is no need to proceed further in the contempt matter. Accordingly, this application is dismissed and the contempt proceeding is dropped. (Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.05.2017 Transmission Date NA