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Patna High CourtMJC/3650/2013disposed

Kumud Ranjan Jha And ORS. v. The State Of Bihar And ORS

2015-03-02Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3650 of 2013 IN Civil Writ Jurisdiction Case No. 13130 of 2012 ===========================================================

1. Kumud Ranjan Jha, son of Sri Chandra Bhushan Jha, resident of Mohalla - Batraha, Annapurna Bhawan, Ward No. 23, Krishna Nagar, Saharsa, P.S. + District - Saharsa.

2. Sanjeev Kumar Khan, son of Sri Jai Ram Khan, resident of village + P.S. - Bangaon, District - Saharsa.

3. Kumari Minakshi, daughter of Tara Kant Khan, resident of village + P.S. - Bangaon, District - Saharsa.

4. Vidhushekhar Mishra, son of Pandit Shiv Chandra Mishra, resident of village - Gudri, Block - Sonbarsa, P.S. - Basnahi, District - Saharsa. .... .... Petitioners.

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna, namely Amarjit Sinha.

2. The Director, Department of Primary Education, Government of Bihar, Patna, namely, Kumar Ashutosh.

3. The District Education Officer, Saharsa, namely, Mahesh Prasad Singh.

4. The Block Development Officer, Kahra, District - Saharsa, namely Keshav Kumar Jha.

5. The Block Education Officer, Kahra, District - Saharsa, namely, Suresh Chandra Rajak.

.... .... Contemnors/Opposite Parties.

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

For the Petitioners : Mr. Pramod Mishra, Advocate. For the Opposite Parties : Mr. AC to GP-X. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 02-03-2015 ---------------- Heard learned counsel for the petitioners and learned AC to GP-X appearing on behalf of the State.

2. The present contempt application has been filed on behalf of the petitioners asserting the non compliance of the order dated 01.08.2012 passed in C.W.J.C. No.13130 of 2012, which was

Patna High Court MJC No.3650 of 2013 dt.02-03-2015 2/3 disposed of with the following terms:

"The petitioners have represented on 29.5.2012 and appeared to have rushed to the Court barely two months later on 12.7.2012. Matters of promotion naturally requires some time for consideration as all eligible have to be considered. Directions are therefore given to consider the representation of the petitioners in accordance with law with regard to all eligible so that unnecessary litigation by allegations of discrimination etc. does not arise.

Let such consideration be done and appropriate decision taken within a maximum period of six months from the date of receipt/production of a copy of this order."

3. Learned AC to GP-X, appearing on behalf of the State, submits that in the light of the order dated 01.08.2012 passed in C.W.J.C. No.13130 of 2012, which is under contempt, the representation of the petitioner was disposed of on 10.02.2015 by the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna (opposite party no.1), which would appear from paragraph-2 to the show cause filed on behalf of the opposite party no.2. As such, the order under contempt has been complied with.

4. Since in the light of the order under contempt, the

Patna High Court MJC No.3650 of 2013 dt.02-03-2015 3/3 representation of the petitioners has been disposed of on 10.02.2015 by the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna (opposite party no.1), no further action is required to be taken against the concerned opposite party(s). Accordingly, this application stands disposed of. However, if the petitioners have any grievance, they may take recourse before the appropriate forum in accordance with law. (Rajendra Kumar Mishra, J) P.S./- U