Patna High CourtMJC/1241/2017disposed

Ashok Kumar v. The State Of Bihar Through Mr. R. K. Mahajan, The Principal Secretary, Education Development, Gover

2017-12-13Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1239 of 2017 IN Civil Writ Jurisdiction Case No. 5012 of 2014 ===========================================================

1. Rekha Kumari, D/o Shri Sahdeo Prasad Sah, R/o Village+ P.O.- Ladugarh, P.S.- Jankinagar, District- Purnia.

.... .... Petitioner/s

Versus

1. The State of Bihar through Mr. R. K. Mahajan, the Principal Secretary, Education Development, Government of Bihar, Patna.

2. Mr. Ram Chandradoo, the Director, Primary Education, Government of Bihar, Patna.

3. Mr. Mithilesh Kumar, the District Education Officer, Purnea.

4. Mr. Nageshwar Mandal, the Block Education Extension Officer, Barhara Kothi, Purnea.

5. Mr. Chandradeo Prasad Rai, the Mukhiya, Gram Panchayat Sukhsena, BlockBarahara Kothi, District- Purnea.

6. Mr. Surendra Prasad, the Panchayat Secretary, Gram Panchayat, Sukhesena, Block- Barhara Kothi, District- Purnea.

7. Mr. Jagdish Toodoo, the Head Master, Middle School Kailutol (Sukhsena), Block- Barhara Kothi, District- Purnea.

8. Shiv Narayan Mandal, Son of Late Mangal Mandal, Resident of Village- Kailu Tol, Sukhsena, Block and P.S.- Barhara Kothi, District- Purnia.

9. Santosh Kumar, Son of Shri Sumarit Thakur, Resident of Village- Gulela Bitta, Block and P.S.- Barhara Kothi, District- Purnia.

10. Pawan Kumar Thakur, Son of Shri Sumarit Thakur, Resident of Village- Gulela Bitta, Block and P.S.- Barhara Kothi, District- Purnia. .... .... Respondent/s with =========================================================== Miscellaneous Jurisdiction Case No. 1241 of 2017 IN Civil Writ Jurisdiction Case No. 5941 of 2014 ===========================================================

1. Ashok Kumar Son of Sri Narayan Sah Resident of Village- Kailutol Sukhsena, P.O.:- Ladugarh, Panchayat- Sukhsena, P.S.- Barhara Kothi, District- Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar through Mr. R. K. Mahajan, the Principal Secretary, Education Development, Government of Bihar, Patna.

2. Mr. Ram Chandradoo, the Director, Primary Education, Government of Bihar, Patna.

3. Mr. Mithilesh Kumar, the District Education Officer, Purnea.

4. Mr. Nageshwar Mandal, the Block Education Extension Officer, Barhara Kothi, Purnea.

5. Mr. Chandradeo Prasad Rai, the Mukhiya, Gram Panchayat Sukhsena, BlockBarahara Kothi, District- Purnea.

6. Mr. Surendra Prasad, the Panchayat Secretary, Gram Panchayat, Sukhesena,

Patna High Court MJC No.1239 of 2017 dt.13-12-2017 2/3 Block- Barhara Kothi, District- Purnea.

7. Mr. Jagdish Toodoo, the Head Master, Middle School Kailutol (Sukhsena), Block- Barhara Kothi, District- Purnea.

8. Shiv Narayan Mandal, Son of Late Mangal Mandal, Resident of Village- Kailu Tol, Sukhsena, Block and P.S.- Barhara Kothi, District- Purnia.

9. Santosh Kumar, Son of Shri Sumarit Thakur, Resident of Village- Gulela Bitta, Block and P.S.- Barhara Kothi, District- Purnia.

10. Pawan Kumar Thakur, Son of Shri Sumarit Thakur, Resident of Village- Gulela Bitta, Block and P.S.- Barhara Kothi, District- Purnia. .... .... Respondent/s =========================================================== Appearance :

(In MJC No.1239 of 2017) For the Petitioner/s : Mr. Alok Kumar Singh, Adv. For the Respondent/s : Mr. Ashutosh Ranjan Pandey - AAG 15 (In MJC No.1241 of 2017) For the Petitioner/s : Mr. Alok Kumar Singh, Adv. For the Respondent/s : Mr. Ashutosh Ranjan Pandey - AAG 15 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 13-12-2017 Heard learned counsel for the parties.

The writ petition bearing C.W.J.C.No.13835 of 2012 and other analogous cases were heard and allowed by a judgment and order passed on 12.8.2016 and while passing the judgment, it is taking note of the submission made by learned Senior counsel for the petitioners that although the petitioners had discharged their duties on their respective posts but were denied salary that the respondents were directed to consider their claim for payment of such salary for the period they have discharged duties of Panchayat teacher and for its disposal in accordance with law. The two contempt applications were filed complaining that the claims have not been disposed of A show cause is being filed in each of the two contempt

Patna High Court MJC No.1239 of 2017 dt.13-12-2017 3/3 applications enclosing an order bearing Memo No.1770 dated 29.7.2017 whereby the claim of the petitioners for salary for the period prior to the order impugned in the writ petition has been considered and rejected on grounds so mentioned in the order. In the circumstances where the claim for salary has been considered by the respondents and disposed of vide Office order bearing no.1770 dated 29.7.2017 of the District Education Officer, Purnea, in case, it aggrieves the petitioners herein, they would be at liberty to question the same before the appropriate forum by filing appropriate application but in the circumstances discussed no case for contempt is made out.

The two contempt applications are accordingly disposed of. (Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date NA