A contempt petition challenged a refusal to grant benefits for service rendered in a Work Charge Establishment. The court advised petitioners to file a writ petition instead and disposed of the contempt petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4949 of 2012
====================================================== 1. Birendra Kumar Singh, S/o Sri Ram Kishun Singh, resident of village+PostMou, Viya Vidyapati Nagar, District- Samastipur at present posted at Public Health Engineering Division, Arra. 2. Kauleshwar Singh, S/o- Late Matuk Dhari Singh, resident of village+postAram, Viya- Vikram, District- Patna at present posted at Public Health Engineering Division, Ara. 3. Nirantar Prasad, s/o- Sri Ramayan Singh, resident of Village- Piparhiya, P.O.Karwan, District- Arra (Bhojpur) at present posted at Public Health Engineering Division, Arra. 4. Ram Kumar Singh, S/o- Jag Narayan Singh, resident of Village- Parsada, P.O.Manikhpur, Viya- Manoharpur, District- Buxar, at present posted at Public Health Engineering Division, Arra. 5. Madan Mohan Prasad, s/o- Sri Khedu Prasad, resident of village- Shubhkaran Ganj, P.O.-Daulatpur, District- Bhojpur (Arrah), at present posted at Public Health Engineering Division, Arra. 6. Sri Bhagwan Singh, S/o- Sri Vishwanath Singh, resident of Village+Post-Funha, District- Bhojpur (Arrah), at present posted at Public Health Engineering Division, Arra. 7. Ramun Prasad, s/o- Sri Birwal Prasad resident of Village- Keshopur Bakri, P.O.Karwan, P.S. Udwantnagar, District- Bhojpur (Arrah), at present posted at Public Health Engineering Division, Arra. 8. Radhepal, S/o- Late Sri Suwa Lala Pal, resident of village/Mohalla- Jankisthan, Gaushala Road, Mandal Nagar, Ward No. 2, District- Sitamarhi, at present posted at Public Health Engineering Division, Arra. 9. Kedarnath Singh, S/o- Sri Muldeo Singh, resident of village-post-Fuanha, District- Bhojpur (Arrah), at present posted at Public Health Engineering Division, Arra. 10. Lal Bhushan Prasad, S/o- Late Makhan Prasad, resident of Village+P.O.Bhalaur, Viya- Charpokhari, District- Arrah, at present posted at Public Health Engineering Division, Arra. 11. Bharosa Prasad, s/o- Late Mahendra Prasad resident of Village- Keshopur, Bakhari, P.O. Karwan, P.S. Udwant Nagar, District- Bhojpur, at present posted at Public Health Engineering Division, Arra. 12. Lal Bihari Singh, S/o- Late Devnath Singh, resident of village + Post- Aran Viya Vikram, District- Patna, at present posted at Public Health Engineering Division, Arra. 13. Garjan Ram, S/o- Late Jugan Ram, resident of Village- Bahire, Post- Nawada, P.S.- Nawada, District- Bhojpur, at present posted at Public Health Engineering Division, Arra. .... .... Petitioners Versus 1. The State of Bihar 2. Mr. Ravindra Panwar, Principal Secretary to Govt., Department of Public Health Engineering, Bisheshwariya Bhawan, Bailey Road, Patna. .... .... opposite parties. ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER
3 19-06-2013 Heard learned counsel for the petitioners and the State.
Patna High Court MJC No.4949 of 2012 (3) dt.19-06-2013
2
In compliance of the order of the High Court dated 2.4.2012 passed in C.W.J.C. No. 9156/2007 (Annexure-1) and subsequent order dated 1.4.2013 passed in this contempt petition, Principal Secretary of the Department has passed order bearing Memo No. 402 dated 7.5.2013 (Annexure-A to the supplementary show-cause) in the light of the resolution of the Government bearing No. 639 dated 16.3.2006 and has refused to grant benefit of the period served by the petitioners in the Work Charge Establishment. Order dated 7.5.2013 has been passed in the light of the contents of the circular of the Government dated 16.3.2006 which has been subsequently interpreted by the Government itself in its Resolution No. 229 dated 7.4.2011 and according to the learned Principal Secretary petitioners are not entitled for grant of any benefit of service which they rendered in the Work Charge Establishment. Such interpretation of the Principal Secretary according to the counsel for the petitioners is not in accordance with law and in violation of the circular dated 7.4.2011. Counsel for the petitioners further submitted that refusal to grant the benefit of the service rendered in the Work Charge Establishment by the Principal Secretary is arbitrary as other similarly situated employees have already been granted such benefit.
Aforesaid aspect of the matter can be better appreciated if petitioners prefer writ petition challenging the order passed by the Principal Secretary. With the aforesaid leave the contempt petition is disposed of.
(V.N. Sinha, J)
P.K.P.
2 issues framed by the court
Whether the refusal to grant benefit of service rendered in Work Charge Establishment by the Principal Secretary can be reviewed in contempt proceedings.
Whether petitioners should have preferred a writ petition challenging the order of the Principal Secretary.
Birendra Kumar Singh
Kauleshwar Singh
Nirantar Prasad
Ram Kumar Singh
Madan Mohan Prasad
The State of Bihar
V.N. Sinha
As recorded by the court registry
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