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Vinod Kumar Gupta And ANR v. Shree R. K . Mahajan, The State Of Bihar Through The Principal Secretary Health Medical Education

2019-02-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1979 of 2017 In Civil Writ Jurisdiction Case No.9727 of 2008 ======================================================

1. Vinod Kumar Gupta, Son of Late Yogendra Prasad Gupta, Resident of Village P.O.-Sarenja, P.S.-Rajpur, District-Buxar, as Writ Petitionr no.8 (Ward Boy).

2. Dilip Kumar, Son of Shri Nirmal Prasad, Residence of Village- Dalsagar, P.S.- Industrial Area, Buxar, P.O.-Dahiwar, District-Buxar as Writ Petitioner no. 9 (Chaukidar Night Guard).

... ... Petitioner/s

Versus

1. Shree R. K . Mahajan, the State of Bihar through the Principal Secretary Health Medical Education

2. Shree Sachida Nand Chaudhary, The Special Secretary, Health Medical Education and Family Welfare Department, Government of Bihar, Patna

3. Shree Dr. Satendra, The Director of General Aayush Deshi Chikishta Department, Government of Bihar, Patna

4. Shree Nagendra Prasad, Awar Secretary, The Health Medical Education and Family Welfare Department, Government of Bihar, Patna.

5. Shree Sr. Tej Narayan Chaubey, The Principal of Rajkiy Shree Dhanwantri Aruveday Mahavidyalya and Chikitsalya, Ahirawhi, Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Mr. S. D. Yadav - Aag 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-02-2019 Learned counsel for the opposite parties submits that the order of the writ Court has already been complied with. Learned counsel for the petitioners submits that there is discrepancy in the pay scale.

Considering the limited scope of contempt jurisdiction, particularly, in view of the judgment of the Apex Court in the case of Union of India and Others vs. Subedar Devassy PV, reported in (2006) 1 SCC 613 and reiterated in the

Patna High Court MJC No.1979 of 2017(3) dt.22-02-2019 2/2 case of Sudhir Vasudeva, Chairman and MD, Natural Gas Corporation Limited and Others v M George Ravishekaran and Others, reported in (2014) 3 SCC 373, the Court is not inclined to proceed any further in the matter. However, liberty shall be available to the petitioners that if they are aggrieved by the decision of the opposite parties to approach the appropriate forum in accordance with law. With the aforesaid, the present application is disposed of.

(Anil Kumar Upadhyay, J) uday/- U