Sharda Bhawan Sanskrit Uchcha Vidyalaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3647 of 2019 In Civil Writ Jurisdiction Case No.17524 of 2018 ====================================================== Sharda Bhawan Sanskrit Uchcha Vidyalaya Nawani through Nand Kumar Jha aged about 50 years (Male) at present Working as the Head Master of the School in question at Village- Nawani, P.S.- Jhanjharpur District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

Mr. R.K. Mahajan The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

Shri Narayan The Joint Secretary, Education Department, Bihar, Patna. 4.

Tasneemur Rahman The Special Director, Secondary Education, Bihar, Patna.

5.

Bihar Sanskrit Shiksha Board Patna through its Secretary Mr. Anil Kumar. 6.

Mrs Bharti Mehta The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

Nasim Ahmed The District Education Officer, Madhubani. 8.

Mr. Vidya Nand Thakur The District Programme Officer, Establishment, Madhubani.

9.

The Managing Committee of Sharda Bhawan Sanskrit Uchcha Vidyalaya Nawani, Madhubani through its Secretary.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Jha, Advocate For the State :

Mr.Amit Bhushan, AC to Gp17 For the Sanskrit Board :

Mr.Satyam Shivam Sundaram, Advocate Mr.Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 24-07-2023 Order dated 27.03.2019 passed in CWJC No. 985 of 2015 has not been complied, therefore, the present contempt petition-MJC No. 3647 of 2019 is filed. It is necessary to re-

Patna High Court MJC No.3647 of 2019(4) dt.24-07-2023 2/3 produce Para 14 of the order dated 27.03.2019, it reads as under:- "We, accordingly, allow the writ petition and declare that the petitioners will continue to get the same salary that they were getting prior to the impugned resolution together with all arrears on that account that shall be released forthwith within a period of three months from today."

2. The present contempt petition is filed in the month of September, 2019. Perusal of show-cause and document at Annexure-A dated 18.07.2023. Secretariat Official has directed his sub-ordinate to settle the grievances of the petitioners while complying the orders of this Court.

3. There is an enormous delay of about three and half years, and that too partially complying order, in other words, it is a paper order. The petitioners have not been paid monetary benefits in the light of the orders of this Court. Therefore, the opposite parties are liable to pay the cost, and it is quantified at Rs.3000/- (Rupees Three Thousand Only) to each of the petitioner. Cost shall be paid from the department within a period of two months from the date of receipt of this order. In the meanwhile, sub-ordinate officials to the Secretariat are hereby directed to execute the order dated 18.07.2023 vide

Patna High Court MJC No.3647 of 2019(4) dt.24-07-2023 3/3 Annexure-A to the show-cause at the earliest while disbursing monetary benefits to each of the petitioner.

4. With the above observation the present contempt petition stands dropped. Reserving liberty to the petitioners to file Interlocutory Application to recall the present order in the event of non-compliance of the observation made in the present order.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) abhishekkr/- U