Disposed

Azaz Ahmad @ Ezaz Ahmad and Ors. v. The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna and Ors.

Patna HC12 May 2015MJC/442/2014

Case brief

AI extract

What is this about?

Teachers sought contempt action over non-implementation of Matric Trained Scale directions. The court disposed of first-attempt teachers’ applications on the State’s assurance of immediate compliance and declined contempt for compartmental-pass teachers pending adjudication of entitlement. One application was dismissed for missing material facts.

What the court decided

AI extract

Azaz Ahmad @ Ezaz Ahmad and Ors. Vs The Principal Secretary… — Contempt of Court | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Miscellaneous Jurisdiction Case No.613 of 2013 IN

¶3

LPA 412 of 2003 =========================================================== Chandrakant .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s with =========================================================== Miscellaneous Jurisdiction Case No. 5251 of 2013 IN

¶4

LPA 454 of 2003

¶5

=========================================================== 1. Ranjit Kumar Rai S/O Late Bhola Rai Rai Bhawan, Marwari Mohalla, Ward No. 16, P.O+ P.S- Gopalganj At Present Assistant Teacher At Upgraded Middle School, Masan Thana Block+ District- Gopalganj.

¶6

Ravindra Nath Pandey S/O Late Ram Sakal Pandey Village- Khargauli, P.ONechua Jalalpur, P.S- Kuchaikot, District- Gopalganj, At Present Posted At U.M.S. Amwa, Block+ P.S- Kuchaikot, District- Gopalganj.

¶7

.... .... Petitioners

¶8

Versus

¶9

The State Of Bihar, Through The Principal Secretary, Education Department, Government Of Bihar, Patna, Namely Amarjit Sinha.

¶10

The Director, Primary Education Department, Govt. Of Bihar, Patna, Namely Ajay Kumar Choudhary

¶11

The Regional Deputy Director Education, Muzaffarpur, Namely.

¶12

The District Education Officer, Gopalganj, Namely

¶13

The District Program Officer (Establishment), Gopalganj, Namely.

¶14

.... .... Respondent/s

¶15

with

¶16

=========================================================== Miscellaneous Jurisdiction Case No. 407 of 2014 IN LPA 412 of 2003 =========================================================== Jyoti Chand Paswan & Ors. .... .... Petitioner/s Versus The State of Bihar & Ors

¶17

.... .... Petitioner/s Versus .... .... Respondent/s

¶18

with

¶19

=========================================================== Miscellaneous Jurisdiction Case No. 428 of 2014

¶20

¶21

LPA 412 of 2003

¶22

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶23

2/36

¶24

=========================================================== Ranvir Kumar Singh & Ors .... .... Petitioner/s

¶25

Versus

¶26

The State of Bihar & Ors .... .... Respondent/s

¶27

with

¶28

=========================================================== Miscellaneous Jurisdiction Case No. 442 of 2014 IN

¶29

LPA 412 of 2003

¶30

=========================================================== 1. Azaz Ahmad @ Ezaz Ahmad S/O - Md. Nawab Zada At + P.O. - Aranda, P.S. - M.H. Nagar Hasanpura, District - Siwan, Presently Posted At Middle School Loco, Nagar Nigam, District - Gaya

¶31

1. Mithilesh Prasad S/O - Sri Shivnandan Prasad At - Rupa Bigha, P.O. - Dhawal Bigha, P.S. - Hulasganj, District - Jahanabad, Presently Posted At Middle School Kohra, Block - Makhdumpur, District - Jahanabad

¶32

1. Kumar Amrendra Prasad S/O - Late Indradeo Prasad At Harna, P.O. - Injor, P.S. - Rampur Chauram, District - Arwal, Presently Posted At Primary School Malhipatti, Nagar Parishad, Ward No. - 15, District - Arwal

¶33

1. Umesh Prasad Sharma S/O - Sri Kishori Sharma At - Line Par, Mirzapur, Nawada, P.O. - Nawada, P.S. + District - Nawada, Presently Posted At U.M.S. Ghorahi, Block - Roh, District - Nawada

¶34

.... .... Petitioner/s

¶35

Versus

¶36

The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna Namel Ashok Kumar Singh, I.A.S.

¶37

The Principal Secretary, Finance Department, Government Of Bihar, Patna Namely Mr. Rameshwar Singh, I.A.S.

¶38

The State Of Bihar, Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjeet Sinha, I.A.S.

¶39

Mr. Sarvnam M., Director, Primary Education Department, Govt. Of Bihar, Patna

¶40

Mr. Medo Das Regional Deputy Director Of Education, Magadh Region At Gaya

¶41

Mr. Rajiv Ranjan Prasad, District Education Officer, Gaya

¶42

Mr. Selestin Hansda District Program Officer (Establishment) , Gaya

¶43

Mr Ashok Kumar Deo, District Accounts Officer, Gaya

¶44

Mr. Md. Ahtesham Hussain, District Education Officer, Nawada 10. Mr. Anil Singh, District Program Officer (Establishment) Nawada

¶45

Mr. Rashid Chandra Vir, District Accounts Officer, Nawada

¶46

Mrs. Reena Kumari, District Education Officer, Arwal

¶47

Mr. Jay Banerji, District Program Officer (Establishment), Arwal 14. Mr. Nand Kishor Singh, District Accounts Officer, Arwal

¶48

Mr. Shivnath Prasad, District Education Officer, Jahanabad

¶49

Mr, Roushan Ara, District Program Officer (Establishment) , Jahanabad 17. Mr, Saurav Kumar, District Accounts Officer, Jahanabad .... .... Respondent/s

¶50

with

¶51

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶52

3/36

¶53

===========================================================

¶54

Miscellaneous Jurisdiction Case No. 5635 of 2013 IN

¶55

LPA 412 of 2003

¶56

=========================================================== 1. Rakesh Kumar S/O Shri Shyam Narayan Yadav R/O Village Kumardih, P.O. Saran, P.S. Mukhdumpur, District Jehanabad.

¶57

1. Sudarshan Prasad S/O Shri Kailash Prasad R/O Village Chandel Nagar, P.O. Pinjor, P.S. Kako, District Jehanabad.

¶58

1. Yogendra Kumar S/O Late Ram Prasad Pandit R/O Village Jolah Bigha, P.O. Shakurabad, District Jehanabad.

¶59

1. Ram Prasad S/O Shri Lakshmi Narayan Gupta R/O Raja Bazar, P.S. Jehanabad.

¶60

1. Jitendra Prasad S/O Shiv Pratap Ram R/O Village Barki Kothia, P.O. Upadhyapur, District Buxar.

¶61

1. Arbind Kumar 'Rakesh' S/O Shri Nityanand Verma R/O Village Khapura, P.O. Paliganj, District Patna.

¶62

1. Mohan Singh S/O Late Munni Singh R/O Village Lakshmipur, P.O. Amainpur, P.S. Parasbigha, District Jehanabad.

¶63

1. Sanjay Kumar S/O Shri Gobind Prasad R/O Village Chhariyari, P.S. Makhdumpur, District Jehanabad.

¶64

1. Satyendra Kumar S/O Late Subedar Prasad R/O Mohalla Chandrabanshi Nagar, Main Road, P.S. Jehanabad.

¶65

1. Manoj Choudhary S/O Shri Mundrika Choudhary R/O Mohalla Unta East Gali, P.S. Jehanabad.

¶66

1. Sanjay Kumar 'Suman' S/O Shri Ram Nandan Prasad R/O Village Salempur, P.S. Jehanabad.

¶67

1. Brajendra Kumar S/O Lal Das Yadav R/O Village Shripur, P.S. Kakhdumpur, District Jehanabad.

¶68

1. Parmanand Mishra S/O Late Mathura Pd. Mishra R/O Village Sahwajpur, P.S. Jehanabad.

¶69

1. Kabindra Kumar S/O Late Sia Sharan Singh R/O Mohalla Dewaria, Jehanabad Court, District Jehanabad.

¶70

1. Nasimuddin Shams S/O Md. Tahir Ansari R/O Village Khidarpura, P.S. Jehanabad.

¶71

1. Bhupendra Kumar Bhushan S/O Late Hridya Nand Singh R/O Mohalla Raja Bazar, P.S. Jehanabad. .... .... Petitioners

¶72

Versus

¶73

1. The State Of Bihar through the Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha.

¶74

1. The Principal Secretary, Finance Department, Government of Bihar, Patna. 3. The Principal Secretary, Department Of Cabinet Secretariat, Government of Bihar, Patna.

¶75

1. Mr. Ajay Kumar Choudhary, the Director, Primary Education Department, Bihar, Patna.

¶76

1. Mr. Medho Das, the Regional Deputy Director of Education, Magadh. 6. Mr. Shiv Nath Prasad, the District Education Officer, Jehanabad. 7. Mr. Raushan Ara, the District Programme Officer (Establishment), Jehanabad. .... .... Respondent/s

¶77

with

¶78

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶79

4/36

¶80

=========================================================== Miscellaneous Jurisdiction Case No. 5818 of 2013 IN Miscellaneous Jurisdiction Case No. 4075 of 2011 =========================================================== Surendra Rai & Ors.

¶81

.... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s with =========================================================== Miscellaneous Jurisdiction Case No. 6212 of 2013 IN LPA 412 of 2003

¶82

The State of Bihar & Ors

¶83

===========================================================

¶84

1. Ashutosh Chandra Mishra S/O Late Sita Ram Mishra At + P.O. Bharakhand, P.S. Parwatta, Distt. - Khagaria

¶85

1. Shiv Shankar Jee S/O Late Subhash Chandra Singh At + P.O. Saidpur, P.S. Gopalpur, Distt. - Bhagalpur

¶86

1. Raj Kishor Thakur S/O Late Devki Nand Thakur At + P.O. Chanda, P.S. - Thakur Gangti, Distt. Godda, Jharkhand

¶87

1. Bibekanand Jha S/O Arvind Jha At + P.O. + P.S. Nauhatta, Distt. - Saharsa 5. Navin Kr. Choudhary S/O Sri Deep Narayan Choudhary At - Takwa, P.O. Pirpainti, Distt. - Bhagalpur

¶88

1. Sanjay Kumar S/O Late Siyaram Pd. Yadav At + P.O. Latra, P.S. Gopalpur, Distt. - Bhagalpur

¶89

1. Amrendra Kr. Sharma S/O Late Gokul Pd. Sharma At + P.O. Bhawanipur Via - Naugachia, P.S. Rangra Chowk, Distt. - Bhagalpur

¶90

1. Nivedita Krishnan W/O Gopal Krishna C/O Sarla Sadan Bhagalal Mishara Lane, Surkhi Kal, Tilkamanjhi, Bhagalpur

¶91

1. Ajit Prasad Pal Late Ram Mohan Pal At - Pal Nagar, P.O. Shobhnathpur, P.S. Kahalagoan, Distt. - Bhagalpur

¶92

1. Amarkant S/O Arjun Das 3lp6 Housing Borad, Barari, P.S. Barari, Distt. - Bhagalpur

¶93

1. Hari Shankar Pd. Singh Choursia, S/O Srinandan Pd. Sahu Vill. + P.O - Sahu Parbatta, Via - Naugaichia, P.S. Parbatta, Distt. - Bhagalpur

¶94

1. Akhilesh Kr. Yadvendu S/O Late Domodar Pd Yadav At + Po - Bhawanpura, Via - Kharik Bazar, P.S. Naugachia, Distt. - Bhagalpur

¶95

1. Abhimanu Kumar S/O Anant Yadav At Nabin Nagar Punama, P.O. Kadwa Diyara, P.S. Naugachia, Distt. - Bhagalpur

¶96

1. Sudhir Paswan S/O Rajendra Paswan At + Po - Bhawanpura, Via - Naugachia, P.S. Naugachia, Distt. - Bhagalpur

¶97

1. Pranav Kr. Pandey S/O Abhay Kr. Pandey At + P.O. Baijani, P.S. Jagdishpur, Distt. - Bhagalpur

¶98

Gopesh Chandra Das S/O Late Ramesh Chandra Das R/O Mohalla + P.S. Brari, Distt. - Bhagalpur

¶99

Niranjan Kumar S/O Late Narsihgh Mandal At + Po - Lokmanpur, Via - Kharik, P.S. Kharik, Distt. - Bhagalpur

¶100

Vivekanand Null C/O Sri Jagdeo Ram, At - Mansarpur, P.O. Fathpur, P.S. Zeromile, ( Sabour ), Distt. - Bhagalpur

¶101

Patna High Court MJC No.613 of 2013 dt.12-05-2015

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¶103

a. 19. Manoj Kumar C/O Sri Jago Sah, Vikramshila Colony, Tilkamanjhi, P.S. Tilkamanjhi, Distt. - Bhagalpur

¶104

Ajay Kumar Choudhary S/O C. Mandal At - Mayaganj, P.O. + P.S. Barari, Distt. - Bhagalpur

¶105

Rajan Kumar Jha S/O Sri Sanjay Kumar Jha Vill. - Manikpur, P.O. + P.S. Shahkund, Distt. - Bhagalpur

¶106

Arvind Prasad S/O Lt. Arirudh Pd. Mandal At + P.O. + P.S. Ishackchak, Distt. - Bhagalpur

¶107

Rajnish Kumar S/O Sri Ramchandra Paswan Vill. - Bhawanipur,Post - Dighari Via = P.S. Surgarha, Distt. - Lakshisarai

¶108

Mukesh Kumar S/O Sudarshan Das At - Parbatti, P.O. - Bhagalpur City, P.S. Kotwali, Distt. - Bhagalpur

¶109

Amod Kumar Jha S/O B.D. Jha At + Po - Kajhi, Via - Banmankhi, P.S. Banmankhi, Distt. - Purnia

¶110

Manish Kr. S/O Sri Vijay Pd. Rama R/O Sermari Bazar, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶111

Rabindra Kr. Sinha S/O Bhola Pd. Sinha Vill. - Rifatpur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶112

Nilesh Kr. Choudhary S/O Bhola Pd. Choudhary Sermari, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶113

Shyam Sundar Thakur S/O Sri Satynarayan Thakur R/O Kalyan Chak, P.S. Rajmahal, Distt. - Sahebganj, Jharkhand

¶114

Munnalal Gupta S/O Sri Vishwanath Pd. Gupta R/O Hatpara, P.S. Barharwa, Distt. - Sahebganj

¶115

Subodh Kr. Pandey S/O Late Kathin Pandey R/O Marwari Tola Sahebganj, P.S. + Distt. - Sahebganj

¶116

Keshav Mandal S/O Late Shyamlal Mandal Village - Gopalichak Moula Tola, Pirpanti, P.S. Pirpanti, Distt. - Bhagalpur'

¶117

Devesh Kr. Mahto S/O Late Yamunalal Mahto R/O Kuswaha Tola, P.S. Barharwa, Distt. - Sahebganj

¶118

Manoj Kumar S/O Kuldev Pd. Mandal Village - Bari Chariya, P.O. Khawashpur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶119

Santosh Kumar S/O Singhswar Mandal Village - Bari Chatiya, P.O. Khawaspur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶120

Kirpam Mandal S/O Nandlal Mandal Vill. - Jayanti Gram, P.O. Mahadevganj, P.S. + Distt. Bhagalpur

¶121

Upendra Pd. Mandal S/O Sukdev Mandal Vill. - Kamat Tola, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶122

Sunil Kr. Mandal S/O Sri Prayag Mandal Vill. - Khawashpur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶123

Arbind Kr. Singh S/O Sri Mahendra Pd. Singh Vill. - Chatai P.O. Khawaspur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶124

Subhodh Kr. Mandal S/O Sri Fuchai Pd. Mandal Vill. - Kisanprasad, P.O. Rampur, P.S. + Distt. - Sahibganj

¶125

Anil Kr. Mandal S/O Shri Shivdyal Mandal Vill. - Bari Kodarjanna, P.S. + Distt. - Sahibanganj

¶126

Krishnadev Mandal S/O Sri Baijnath Mandal At + P.O. - Bari Kodarjanna, P.S. + Distt. - Sahibanganj

¶127

Ghanyam Pd. S/O Sri Bhagirath Mandal Vill. - Kalibari Ghangar Sah, P.S. + Distt. - Sahibganj

¶128

Rakesh Kumar Mandal S/O Late Jaggu Mandal Vill. - Hajipur Diyara, P.S. + Distt. - Sahibganj

¶129

Patna High Court MJC No.613 of 2013 dt.12-05-2015

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¶131

Tejnarayan Singh S/O Sri Sitaram Singh Vill. - Madhubantola, Bakharpur Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶132

Vijay Chandra Bharti S/O Sri Rajendra Pd. Mandal Vill + P.O. Parsurampur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶133

Mantu Pd. Mandal S/O Sri Yugulkishor Mandal Vill. - Madhubantola, P.O. - Bakharpur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur

¶134

Niranjan Kumar S/O Sri Nepal Chandra Das Vill. - Sahupara, Sanhaula, P.S. Sanhaula, Distt. - Bhagalpur

¶135

Arun Kr. Rajak S/O Lt. Sarwan Rajak Vill. + P.O. Dulduliya, P.S. Pirpainti, Distt. - Bhagalpur

¶136

Sonelal Singh S/O Indra Pd. Singh Vill. + P. O. - Bari Kodarjanna, P.S. + Distt. - Sahibanganj

¶137

Barnard Soran S/O Late Bhuju Soran Vill. - Chota Kandua, P.O. Mandro, P.S. + Distt. - Sahibganj

¶138

Vinay Kr. Mandal S/O Late Ajablal Mandal Vill. - Gopalchak, P.O. Maultola, P.S. Pirpainti, Distt. - Bhagalpur

¶139

Kamta Pd. S/O Sri Shivdani Mandal Vill. - Ramnagar, P.O. Mohanpur ( Govindpur ), P.S. Pirpainti, Distt. - Bhagalpur

¶140

Piryatosh Kr. S/O Sri Asutosh Pd. Singh Vill. + P.O. + P.S. Pirpainti, Distt. - Bhagalpur

¶141

Gopal Pd. S/O Sri Ramashraya Mahto Vill. - Kishnichak, P.O. Ammapali, P.S. Pirpainti, Distt. - Bhagalpur

¶142

Uday Shankar Tanti S/O Late Dawrika Pd. Moh. Gullibhatta Argara, P.O. + P.S. + Distt. - Sahibganj

¶143

Kashi Pd. Mandal S/O Jagdish Pd. Mandal Vill. - Choura, P.O. Lakarmara, Maherma, P.S. Meharma, Distt. - Godda

¶144

Sashi Kr. Suman S/O Haricharan Poddar, Choudhary Colony, P.S. + Distt. - Sahibganj, Jharkhand

¶145

Anand Kumar Singh S/O Late Medi Singh H.No. - 32 Adampur Hanumannagar, P.S. Adampur, Distt. - Bhagalpur

¶146

Vikash Chandra Verma S/O Ram Pratap Verma Moh. - Vikramshila Nagar, P.O. + P.S. Khalgoan, Distt. - Bhagalpur

¶147

Manoj Kr. Singh S/O Ganesh Pd. Singh At - Diyara Chandpur, P.O. Chandpur, P.S. Falka, Distt. - Katihar

¶148

Jayant Prakash S/O Phul Prakash Mandal At - Banshipur, P.O. Shobnathpur, P.S. Khahalgaon, Distt. - Bhagalpur

¶149

Nandan Kr. S/O Maharaji Mandal At + P.O. Rampur Via - Maturapur, P.S. Kahalgaon, Distt. - Bhagalpur

¶150

Shankar Pd. Mandal S/O Sri Gena Mandal At - Saithpur Kulkuliya, P.O. + P.S. Kahalgaon, Distt. - Bhagalpur

¶151

Jitendra Kumar S/O Sri Shyam Lal Pandit At + P.O. Ekchari, P.S. Khalgoan, Distt. - Bhagalpur

¶152

Naresh Kr. Mandal S/O Bisheshwar Mandal Vill. - Kachaharia Post + P.S. - Budhuchak, Via - Maturapur, Distt. - Bhagalpur

¶153

Umesh Mandal S/O Narayan Mandal Vill. - Masudanpur, P.O. Kasdi, P.S. Kahalgoan, Distt. - Bhagalpur

¶154

Shiv Naryan Mandal S/O Shivdhari Mandal Vill. + Post - Bakharpur, P.S. Pirpainti, Distt. - Bhagalpur

¶155

Bindeshwari Mandal S/O Ganesh Mandal At + P.O. - Govindpur Mohanpur, P.S. Pirpainti, Distt. - Bhagalpur

¶156

Nandkishor Mandal S/O Buddhinath Mandal At - Chhoti Chataiya, P.O. Ekchari Diyara, P.S. Pirpainti, Distt. - Bhagalpur

¶157

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¶159

Prabhu Kumar Mandal S/O Late Shada Pd. Mandal At - Tulsipur, P.O. Barmasia, P.S. Pirpainti, Distt. - Bhagalpur

¶160

Shekhar Singh S/O Sri Bipin Bihari Mandal R/O Kisan Hat M.P. Road Bhagalpur City, P.S. Kotwali, Distt. - Bhagalpur

¶161

Manoj Kumar S/O Sita Ram Mahto At + Po - Narayanpur, P.S. Pirpainti, Distt. - Bhagalpur

¶162

Umesh Charan Roy S/O Sri Banarsi Pd. Roy At - Shyampur, Po - Lalapur ( Bhader ), P.S. Kahalgaon, Distt. - Bhagalpur

¶163

Pankaj Kumar S/O Sri Rajendra Pd. Jaiswan At - Mohanpur, P.O. Khawaspur, P.S. Kahalgaon, Distt. - Bhagalpur

¶164

Yogesh Kumar Singh S/O Ramswarup Singh At - Salempur Saini, P.O. - Nandlalpur Kahalgaon, P.S. Kahalgaon, Distt. - Bhagalpur

¶165

Asif Hossain S/O Md. Tabarak Hossain Main Road, Pakur, P.O + P.S. + Distt. - Pakur, Jharkhand

¶166

Abhay Kumar S/O Abdhesh Kumar Singh At - Kisnichak, P.O. Ammapali, P.S. Pirpainty, Distt. - Bhagalpur

¶167

Sunil Kumar Singh S/O Shakti Pd. Mandal At - Khankitta, P.O. + P.S. Sabour, Distt. - Bhagalpur

¶168

Amarnath Paswan S/O Late Sheonarayan Paswan Vill. + P.O. Dhuabai Via - Ekchari, P.S. Sanokhar, Distt. - Bhagalpur

¶169

Arun Kr. Paswan S/O Late Furo Paswan Vill. + Post - Krishandaspur, Via - Mathurapur, P.S. Buddhuchak, Distt. - Bhagalpur

¶170

Umakant Misra Madhukar S/O Raghunandan Misra Anadipur, P.S. Kahalgaun, Distt. - Bhagalpur

¶171

Nawal Sorain S/O Pradhan Sorain R/O Village - Gorgamma, P.S. Baunsi, District - Banka

¶172

Shubhas Kr. Paswan S/O Lakahan Paswan Madarganj, Sanhola, P.S. Sanhola, Distt. - Bhagalpur

¶173

Binod Kumar Bhagat S/O Late Bhaneshwer Pd. Bhagat At - Rajendra Colony, Naugachhiya, P.S. Naugachhiya, Distt. - Bhagalpur

¶174

Diwakar Kumar S/O Jaykrishna Moforaj At + P.O. Singhiya Makandpur, P.S. Gopalur, Distt. - Bhagalpur

¶175

Mithilesh Kumar S/O Janardan Mandal At + P.O. Abhiya Bazar, P.S. Gopalpur, Distt. - Bhagalpur

¶176

Anil Kr. Das S/O Late Kulanand Das At - Chapar Diyara, P.O. Chapar, P.S. Rangra Chowk, Distt. - Bhagalpur

¶177

Sanjay Kumar S/O Lt. Dayanand Mandal At Brahmasthan, P.O. + P.S. Bariarpur, Distt. - Munger

¶178

Sohan Kumar S/O Arbind Kumar Sharma At Pualpur, P.S. Nathnagar, Distt. - Bhagalpur

¶179

Rajesh Kr. Roshan S/O Bhagawan Mandal Patel Nagar, Sabour, P.S. Sabour, Distt. - Bhagalpur

¶180

Anant Pandit S/O Bateshwar Pandit R/O Pasrha Karharia, P.S. Bath, Distt. - Bhagalpur

¶181

Rajiv Ranjan S/O Pratap Narayan Singh R/O Khaira, Hwali Kharagpur, P.S. Hwali Kharagpur, Distt. - Munger

¶182

Rajkumar Pandit S/O Govind Pandit Nadiyama, Gorhadih, P.S. Gorhadih, Distt. - Bhagalpur

¶183

Sunil Srivastav S/O Sri Ram Lal Srivastav R/O Mohalla - Indrpuri, Barh, P.S. Barh, Distt. - Patna

¶184

Alok Narayan S/O Satyanarayan Prasad Mundichak, P.S. Ishakchak, Distt. - Bhagalpur

¶185

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¶187

Om Prakash Yadav S/O Ayodhya Gope R/O Mishra Tola, Bari Khanjarpur, P.S. Barari, Distt. - Bhagalpur

¶188

Jagdish Chandra Das S/O Jaldhar Das R/O Maudi Pokhar, Bhagiya, Pipainti, P.S. Ishipur Barahat, Distt. - Bhagalpur

¶189

Sunil Kr. Shukla S/O Late Visheswar Pd. Shukla At + P.O. + P.S. Mahagama, Distt. - Godda, Jharkhand

¶190

Pramod Kr. Mandal S/O Arjun Das At - Barhari, P.O. Badluchak, P.S. Gorhadih, Distt. - Bhagalpur

¶191

Briendra Kumar S/O Tibendra Prasad At - Belthu, P.O. Harpur, P.S. Sahakund, Distt. - Bhagalpur

¶192

Sanjay Kumar S/O Late Chabbu Mandal At Ganga Karhariya, P.O. Kasipur, P.S. Gorhadih, Distt. - Bhagalpur

¶193

Asit Kr. Singh S/O Prabhat Chandra Singh At + P.O. Tarar, P.S. Sanhaula, Distt. - Bhagalpur

¶194

Niranjan Pd. Singh S/O Bhim Pd. Singh At - Adalpur, P.O. Madarganj, P.S. Amdanda, Distt. - Bhagalpur

¶195

Jitendra Kr. Pathak S/O Late Ramnagina Pathak At + Po - Baksar, Dhoriya, P.S. Dhoriya, Distt. - Banka

¶196

Triveni Kr. Singh S/O Makeshwar Pd. Singh At + P.O. Pakra, P.S. Naugachia, Distt. - Bhagalpur

¶197

Sunil Kr. Singh S/O Sudhir Pd. Singh At + P.O. Mili Tola, Naugchia, P.S. Naugchia, Distt. - Bhagalpur

¶198

Mithilesh Kumar S/O Janardan Mandal At + P.O. Abhiya Bazar, P.S. Gopalpur, Distt. - Bhagalpur

¶199

Anand Mukesh S/O Ambika Poddar At + Po - Kharik Bazar, P.S. Kharik, Distt. - Bhagalpur

¶200

Md. Fojail Nasim S/O Nasim Udin Anshari Kajwalichak, P.S. Kotwali, Distt. - Bhagalpur

¶201

Anjum Iqbal S/O Kaish Ahmed Husainabad, P.S. Mojahidpur, Distt. - Bhagalpur

¶202

Prabez Akhtar S/O Abas Hussain R/O Mohalla - + Mozahidpur, Distt. - Bhagalpur

¶203

Md. Ansar Ulha S/O Abdul Hamir Husainabad, P.S. Mojahidpur, Distt. - Bhagalpur

¶204

Abdhesh Kr. Alok S/O Upendra Pd. Mandal R/O Mohalla - Nathnagar, P.S. Nathnagar, Distt. - Bhagalpur

¶205

.... .... Petitioners

¶206

Versus

¶207

The State Of Bihar, Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶208

The Principal Secretary, Finance Department, Government Of Bihar, Patna, Namely Mr. Rameshwar Singh, I.A.S.

¶209

The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶210

Mr. Chitranjan Singh, Director, Primary Education Department, Govt. Of Bihar, Patna

¶211

Mr. Radhe Prasad, Regional Deputy Director Of Education, Bhagalpur

¶212

Mr. Surya Dev Kumar Paswan, District Education Officer, Bhagalpur

¶213

Mr. Subhash Kumar Gupta, District Program Officer ( Establishment ), Bhagalpur

¶214

Bibha Kumari, Drawing And Dishburshing Officer, Middle School, Puraini, P.S. Jagdishpur, Distt. - Bhagalpur

¶215

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶216

9/36

¶217

Krishna Ranjan, Drawing And Dishburshing Officer, Kanya Middle School, Gramin Kshetra, Sabour, P.S. Sabour, Distt. - Bhagalpur

¶218

Om Prakash Choudhary, Drawing And Dishburshing Officer, Middle School, Ganguli Kahalgaon, P.S. Kahalgaon, Distt. - Bhagalpur

¶219

Raj Kumar Roy, Drawing And Dishburshing Officer, Middle School, Pirpainty Bazar, P.S. Pirpainty, Distt. - Bhagalpur

¶220

Anil Kumar, Drawing And Dishburshing Officer, Middle School, Noorpur, P.S. Nathnagar, Distt. - Bhagalpur

¶221

Raj Kishore Sah, Drawing And Dishburshing Officer, Middle School, Saidpur, P.S. Gopalpur, Distt. - Bhagalpur

¶222

.... .... Respondents

¶223

with

¶224

===========================================================

¶225

Miscellaneous Jurisdiction Case No. 5252 of 2013

¶226

¶227

LPA 412 of 2003

¶228

===========================================================

¶229

Anil Kumar S/O Late Surya Narayan Sah R/O Vill- Balahpur, P.S- Matihani, Distt- Begusarai, Presently Posted As Rajkiyakrit Madhya Vidyalaya Sankh, Sadar, Begusarai.

¶230

Manoj Kumar Singh S/O Prem Sagar Singh R/O Vill- Akhtiyarpur, P.SRajoura, P.S And Distt- Begusarai, Presently Posted At Utkramit Madhya Vidyalaya Parra, Block- Birpur, District- Begusarai

¶231

Brajesh Kumar S/O Lage Ganesh Sah Presently Posted As Madhaya Vidyalaya Makadahi, Block, Barauni, District- Begusarai.

¶232

.... .... Petitioners

¶233

Versus

¶234

The State Of Bihar, Through The Principal Secretary, Education Department, Government Of Bihar, Patna, Namely Amarjit Sinha.

¶235

The Director, Primary Education Department, Govt. Of Bihar, Patna, Namely Ajay Kumar Choudhary

¶236

The Regional Deputy Director Of Education, Munger, Namely Md. Khurshid Alam.

¶237

The District Education Officer Begusarai, Namely Kumod Narayan Jha.

¶238

The District Program Officer, (Establishment) Begusarai, Namely Kumod Narayan Jha.

¶239

.... .... Respondents

¶240

with

¶241

=========================================================== Miscellaneous Jurisdiction Case No. 5550 of 2013

¶242

¶243

LPA 412 of 2003

¶244

===========================================================

¶245

Manoj Kumar S/O Lalit Kumar R/O Village + P.O. Okharia, P.S. Kawakol, District Nawada.

¶246

Sanjay Kumar S/O Rajendra Prasad P.S. Gardanibagh Patna, Jhun Jhun Mahal, New Yarpur, P.O. G.P.O., Patna, District Patna.

¶247

.... .... Petitioners

¶248

Versus

¶249

The State Of Bihar through the Principal Secretary, Education Department,

¶250

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶251

10/36

¶252

Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶253

The Principal Secretary, Finance Department, Government Of Bihar, Patna., Namely Mr. Rameshwar Singh, I.A.S.

¶254

The Principal Secretary, Department Of Cabinet Secretariat, Government of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶255

Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt. Of Bihar, Patna.

¶256

Mr. Laxman Singh, Regional Deputy Director of Education, Patna.

¶257

Mr. Arun Kumar Sharma, District Education Officer, Patna.

¶258

Mr. Keshav Prasad, the District Program Officer (Establishment), Patna.

¶259

.... .... Respondents

¶260

with

¶261

===========================================================

¶262

Miscellaneous Jurisdiction Case No. 5549 of 2013 IN

¶263

LPA 412 of 2003

¶264

===========================================================

¶265

Prem Kumar S/O Sri Siya Sharan Singh Resident Of Village Saraswati Nagar, P.O. + Block + P.S. Bariyarpur, District Munger.

¶266

Azad Gautam S/O Sri Sushil Das Resident Of Mohalla Madhopur, Subhash Chowk, P.O. Basudeopur, P.S. Kotwali, District Munger.

¶267

Samir Kumar Singh S/O Munnilal Mahto R/O Village Sundarpur, P.O. Bahachowki, P.S. Dharhara, District Munger.

¶268

.... .... Petitioners

¶269

Versus

¶270

The State Of Bihar through the Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶271

The Principal Secretary, Finance Department, Government of Bihar, Patna, Namely Mr. Rameshwar Singh, I.A.S.

¶272

The Principal Secretary, Department Of Cabinet Secretariat, Government of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶273

Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt. Of Bihar, Patna.

¶274

The Regional Deputy Director of Education, Munger, Namely Mr. Khurshid Alam.

¶275

The District Educatio Officer, Munger, Namely Mr. Arun Kr. Kunwar.

¶276

The District Program Officer (Establishment), Munger, Namely Mr. Ajay Kumar Singh.

¶277

.... .... Respondents

¶278

with

¶279

=========================================================== Miscellaneous Jurisdiction Case No. 5548 of 2013

¶280

¶281

LPA 412 of 2003

¶282

===========================================================

¶283

Ranjan Kumar S/O Late Sachchida Nand Singh R/O Bharadwaj Nagar, Mohan Eghu, P.S. Mufassil (Begusarai), District Begusarai.

¶284

Shyam Kishore Jha S/O Late Roop Narayan Jha R/O Village Chak, P.O. Chitrour, P.S. Matihani, District Begusarai. .... .... Petitioners

¶285

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶286

11/36

¶287

Versus

¶288

The State Of Bihar Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶289

The Principal Secretary, Finance Department, Government Of Bihar, Patna., Namely Mr. Rameshwar Singh, I.A.S.

¶290

The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶291

Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt. Of Bihar, Patna.

¶292

Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.

¶293

Mr. Kumud Narayan Jha, District Education Officer, Begusarai.

¶294

The District Program Officer (Establishment), Begusarai, Namely Mr. Mukesh Kumar Mukul.

¶295

.... .... Respondents

¶296

with

¶297

===========================================================

¶298

Miscellaneous Jurisdiction Case No. 5547 of 2013

¶299

¶300

LPA 412 of 2003

¶301

===========================================================

¶302

Dhananjay Kumar S/O Jai Jai Ram Jha R/O Village Amraur, P.O. Singhaul, P.S. Muffasil, District Begusarai.

¶303

Ram Balak Mahto S/O Late Mansukh Mahto R/O Ward No. 11, Mohalla Nagdah, P.O. Begusarai Nagar Nigam, District Begusarai.

¶304

Prakash Ranjan Roy S/O Parmanand Roy R/O Village Malhipur, P.O. Maheshpur, P.S. Bhagwanpur, District Begusarai.

¶305

Kishor Kumar S/O Late Babulal Poddar R/O Village + P.O. Rajoura, District Begusarai.

¶306

Ramanand S/O Sri Dharnidhar Mahto R/O Village + P.O. Banwaripur, P.S. Bhagwanpur, District Begusarai.

¶307

Dhawal Kishor S/O Late Ram Bahadur Rajak R/O Village + P.O. Tilrath, District Begusarai.

¶308

Ashok Kumar Dass S/O Ramdeo Dass R/O Village Baro Rampur Naya Tola, P.O. Bro, P.S. Barauni, District Begusarai.

¶309

Ram Chandra Yadav S/O Sukdeo Yadav R/O Village Pahsara, P.O. Pahsara Babhangama, District Begusarai.

¶310

Md. Rayees Uddin S/O Md. Yunus R/O Village Damodarpur, P.O. Pasopur, P.S. Bhagwanpur, District Begusarai.

¶311

Karmashil Pd. Purnima S/O Dinanath Roy R/O Village + P.O. Suryapura, P.S. Bhagwanpura, District Begusarai.

¶312

Pramod Kumar Sah S/O Ram Sah R/O Village + P.O. Dadpur Via Teghra, District Begusarai.

¶313

Raj Kumar Sah S/O Natho Sah R/O Village + P.O. Manopur Via Bachwara, District Begusarai.

¶314

Narendra Kumar S/O Sri Mahendra Prasad Sharma R/O Village + P.O. Ninga, P.S. Barauni, District Begusarai.

¶315

Ved Prakash S/O Ram Udgar Choudhary R/O Village Shokhara-2 Kalambaagh, P.O. Barauni, Block Teghara, P.S. Phulwaria, District Begusarai.

¶316

Nawin Kumar S/O Ramashrya Singh R/O Village Nipania, P.O. Barauni, Block Teghara, P.S. Phulwaria, District Begusarai.

¶317

Ranjeet Kumar Sharma S/O Nato Sharma R/O Village Nipania, P.O. Barauni,

¶318

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶319

12/36

¶320

Block Teghara, P.S. Phulwaria, District Begusarai.

¶321

Tarkeshwar Singh S/O Baikunth Prasad Singh R/O Village Murli, P.O. Bhawanipur, Block Rangra, P.S. Rangra, District Bhagalpur.

¶322

Indradeo Singh S/O Kailash Singh R/O Village Amarpur, P.O. Amarpur, Block Barauni, P.S. Barauni, District Begusarai.

¶323

Binod Kumar Singh S/O Ram Sewak Singh R/O Village Nayanagar Dularpur, P.O. Nayanagar Dularpur, Block + P.S. Teghra, District Begusarai.

¶324

Manoj Kumar S/O Ram Balak Thakur R/O Village Daniyalpur, P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.

¶325

Amit Kumar S/O Ram Baran Singh R/O Village Kamrain, P.O. Chakbedolia, Block Bibhutipur, P.S. Bibhutipur, District Samastipur.

¶326

Dinesh Choudhary S/O Vishundeo Choudhary R/O Village Pakthoul, P.O. Khizirchak, Block Teghra, P.S. Teghra, District Begusarai.

¶327

Awadhesh Kumar S/O Ramnandan Yadav R/O Village Jindpur, P.O. Fajilpur, Block Birpur, P.S. Birpur, District Begusarai.

¶328

Satish Kumar Singh S/O Ram Badan Singh R/O Village Bajalpura, P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.

¶329

Rajendra Poddar S/O Jai Prakash Poddar R/O Village Mokhtiyarpur, P.O. Mokhtiyarpur, Block Bhagwanpur, P.S. Bhagwanpur, District Begusarai.

¶330

Rajesh Keshari S/O Dhaneshwar Prasad R/O Village Shokhara-2, P.O. Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.

¶331

Shashi Kumar @ Shashi Kumar 'Pawan' S/O Tarni Prasad R/O Village Dasrathpur, P.O. + Block + P.S. Mansoorchak, District Begusarai.

¶332

Vinay Kumar S/O Satyanarayan Sah R/O Purani Bazar Teghra, P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.

¶333

Maoj Kumar Choudhary S/O Ramavtar Mandal R/O Village Chakballi, P.O. Noorpur, Block Barauni, P.S. Barauni, District Begusarai.

¶334

Md. Shamsher Alam S/O Md. Ayub R/O Village Ratgaon, P.O. Nayanagar, Block Teghra, P.S. Teghra, District Begusarai.

¶335

Shambhu Prasad Singh S/O Kapildeo Singh R/O Village Madhurapur, P.O. Madhurapur-3, Block Teghra, P.S. Teghra, District Begusarai.

¶336

Nayeem Akhtar S/O Md. Suleman R/O Village Daniyalpur (Gate No. 12), P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.

¶337

Sanjay Kumar S/O Deokinandan Prasad R/O Village Teghra, P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.

¶338

Md. Khalid Hussain Ansari S/O Md. Muslim R/O Village Takia, P.O. Takia Dadpur, Block Bhagwanpur, P.S. Bhagwanpur, District Begusarai.

¶339

Amresh Kumar S/O Ram Bachan Pandit R/O Village Shokhara-2 Uchha Tola, P.O. Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.

¶340

Anil Kumar Choudhary S/O Hiralal Choudhary R/O Village Teghra Ganj Goriyari, P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.

¶341

Nawal Kishor Suman S/O Sukhdeo Ram R/O Village Dularpur, P.O. Dularpur, Block Teghra, P.S. Teghra, District Begusarai.

¶342

Manish Kumar Tigga S/O Prem Tigga R/O Village Konka Dipu Toly Ranchi, P.O. Church Road, Block Ranchi, P.S. Lower Bazar, District Ranchi (Jharkhand).

¶343

Chandra Kumar S/O Nand Kishor Prasad R/O Garhara Q. No. 72e, Ganga Bridge Colony, P.O. Garhara, Block Barauni, P.S. Barauni, District Begusarai.

¶344

Arun Kumar Ram S/O Anandi Ram R/O Village Dularpur, P.O. Dularpur, Block Teghra, P.S. Teghra, District Begusarai.

¶345

Rajesh Kumar Choudhary S/O Surendra Choudhary R/O Village Phulwaria-2, P.O. Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.

¶346

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶347

13/36

¶348

Vijay Kumar S/O Baleshwar Yadav R/O Village Pipra Devas, P.O. Pipra Dewas, Block Barauni, P.S. Barauni, District Begusarai.

¶349

Sunil Kumar Sinha S/O Maheshwar Prasad R/O Village Phulwaria-3, P.O. Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.

¶350

Bhawesh Kumar Sharma S/O Late Chandra Mauli Sharma R/O Village + P.O. Meghaul, P.S. Khodabandpur, District Begusarai.

¶351

Harimohan Prasad Rai S/O Ram Sakal Rai R/O Village Maujithansingh, P.S. Garhpura, District Begusarai.

¶352

.... .... Petitioners

¶353

Versus

¶354

The State Of Bihar Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶355

The Principal Secretary, Finance Department, Government Of Bihar, Patna., Namely Mr. Rameshwar Singh, I.A.S.

¶356

The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶357

Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt. Of Bihar, Patna.

¶358

Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.

¶359

Mr. Kumud Narayan Jha, District Education Officer, Begusarai.

¶360

The District Program Officer (Establishment), Begusarai, Namely Mr. Mukesh Kumar Mukul.

¶361

.... .... Respondents

¶362

with

¶363

===========================================================

¶364

Miscellaneous Jurisdiction Case No. 5830 of 2013

¶365

¶366

LPA 412 of 2003

¶367

===========================================================

¶368

Sheo Shankar Prasad Singh S/O- Late Shuam Kishor Singh Village Sultanpur, P.O- Hasauri, P.S+ District - Shekhpura.

¶369

Ram Sevak Kumar S/O Ram Nath Singh R/O Village + P.O. Barahiya, P.S. Barahiya, District Lakhisarai.

¶370

Ajay Kumar Singh S/O Late Saryug Prasad Singh R/O Village Jagdishpur, P.O. + P.S. Surajgarha, District Lakhisarai.

¶371

Manikant Lal Deo S/O Sri Rameshwar Lal Deo R/O Village Turki, P.O. Mahuli, Via - Bahera, P.S. Bahera, District Darbhanga.

¶372

Ashutosh Ranjan S/O Sri Devendra Prasad Singh R/O Village + P.O. Sinuara, P.S. Bahadurpur, District Darbhanga.

¶373

Md. Imran S/O Md. Idris R/O Mohalla Manharan Lal, P.O. Lalbagh, P.S. Town, District Darbhanga.

¶374

.... .... Petitioners

¶375

Versus

¶376

The State Of Bihar Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶377

The Principal Secretary, Finance Department, Government Of Bihar, Patna, Namely Mr. Rameshwar Singh, I.A.S.

¶378

The Principal Secretary, Department Of Cabinet Secretriat, Government Of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶379

Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt. Of Bihar, Patna.

¶380

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶381

14/36

¶382

Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.

¶383

Mr. Basant Kumar, District Education Officer, Lakhisarai.

¶384

Mr. Dinesh Kumar Chaudhary, District Program Officer (Establishment), Lakhisarai.

¶385

Mr. Krishna Kumar Sharma, Regional Deputy Director Of Education, Darbhanga.

¶386

Mr. Ram Sagar Singh, District Education Officer, Darbhanga.

¶387

Mr. Mahesh Prasad Singh, District Program Officer (Establishment), Darbhanga.

¶388

.... .... Respondents

¶389

with

¶390

=========================================================== Miscellaneous Jurisdiction Case No. 5551 of 2013

¶391

¶392

LPA 412 of 2003

¶393

===========================================================

¶394

Ramendra Kumar Raman S/O Late Ramavatar Paswan R/O Village Behat, P.O. Mangalgarh, P.S. Singhia, District Samastipur.

¶395

Sikandar Kumar Paswan S/O Sri Jai Kishore Paswan R/O Somdipee, P.O Dhabauli, P.S. Mufassil, District Begusarai.

¶396

Srikrishna Das S/O Sant Lal Das R/O Village Khamhar, Bahachowki, P.S. Mufassil, District Begusarai.

¶397

Rmjiwan Paswan S/O Tej Narayan Paswan R/O Bagha, Ward No. 24, P.O. Suhirdnagar, P.S. Mufassil, District Begusarai.

¶398

Hare Ram Rajak S/O Hriday Narayan Rajak R/O Baghi, Ward No 11, P.O. Suhirdnagar, P.S. Mufassil, District Begusarai.

¶399

Sanjeev Kumar S/O Late Anup Lal Das R/O Village Katharia, P.O. Khideerchak, P.S. Barauni, District Begusarai.

¶400

Om Prakash S/O Ram Charitra Rajak R/O Hardia, P.O. Chilmil, Via Rajaura, P.S. Mufassil, District Begusarai.

¶401

Moti Lal Rajak S/O Rajendra Rajak S/O Mosadpur, P.O. Tilrath, P.S. Barauni, District Begusarai.

¶402

Mithilesh Kumar S/O Sri Upendra Kumar R/O Village Hanuman Nagar, Paharpur, P.S. Baliya, District Begusarai.

¶403

Ravi Prakash Suman S/O Jageshwar Choudhary R/O Village + P.O. Ninga, Baluara, P.S. Barauni, District Begusarai.

¶404

Kumari Punam D/O Late Kailash Prasad R/O Village + P.O. Papraur, P.S. Barauni, District Begusarai.

¶405

Narendra Kumar Sahni S/O Kamal Sahni R/O ........., P.S. .................., District

¶406

Chande Lal Tuddu S/O Sri Shukhdeo Choudhary R/O Village Jotaily, P.O. Rahuwai, P.S. Bihariganj, District Begusarai.

¶407

Sanjay Kumar Singh S/O Sri Nand Kishore Singh R/O Village + P.O. Bikrampur, P.S. Cheria Bariarpur, District Begusarai.

¶408

Manohar Choudhary S/O Sri Ram Sevak Choudhary R/O Village Mehan, P.O. + P.S. Dandari, District Begusarai.

¶409

Upendra Ram S/O Late Doman Ram R/O Village + P.O. Ahiyapur, P.S. And Block Mansurchak, District Begusarai.

¶410

Bisheshwar Paswan S/O Sri Ram Nandan Paswan R/O Village Arba, P.O. + P.S. Bachhwara, District Begusarai.

¶411

Prem Kumar S/O Sri Wakil Rajak R/O Village + P.O. Bahdarpur Rampur

¶412

Patna High Court MJC No.613 of 2013 dt.12-05-2015

¶413

15/36

¶414

Matihani, P.S. Mufassil, District Begusarai.

¶415

Blaeshwar Ram S/O Late Jhingur Ram R/O Village Bujurwabad, P.O. Kumharso, P.S. Garhpura, District Begusarai.

¶416

Manoj Kumar S/O Sri Bhola Mahto R/O Samastipur, P.O Lakhanpur, P.S. Bhagwanpur, District Begusarai.

¶417

.... .... Petitioners

¶418

Versus

¶419

The State Of Bihar Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.

¶420

The Principal Secretary, Finance Department, Government Of Bihar, Patna., Namely Mr. Rameshwar Singh, I.A.S.

¶421

The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.

¶422

Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt. Of Bihar, Patna.

¶423

Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.

¶424

Mr. Kumud Narayan Jha, District Education Officer, Begusarai.

¶425

The District Program Officer (Establishment), Begusarai, Namely Mr. Mukesh Kumar Mukul.

¶426

.... .... Respondents

¶427

with

¶428

=========================================================== Miscellaneous Jurisdiction Case No. 5947 of 2013 IN

¶429

LPA 412 of 2003

¶430

===========================================================

¶431

Binay Kumar S/O Shri Nand Kishore Singh At + P.O. Bikrampur, P.S. Cheria Bariarpur, Begusarai, At Present Posted In Government Upgraded Middle School, Kusmaut, Block And District Begusarai.

¶432

Shri Rajesh Kumar S/O Shri Gaurishankar Singh At + P.O. Mehdashahpur, P.S. Cheria Bariarpur, District Begusarai, At Present Posted At Government Upgraded Middle School, Jana Yogidih, Block Chhaurahi, District Begusarai.

¶433

.... .... Petitioners

¶434

Versus

¶435

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna Namely Amarjit Sinha.

¶436

The Director, Primary Education Department, Govt. Of Bihar, Patna Namely Ajay Kumar Choudhary.

¶437

The Regional Deputy Director of Education, Munger, Namely Mr. Khurshid Alam.

¶438

Mr. Kumud Narayan Jha, District Education Officer, Begusarai.

¶439

Mr. Mukesh Kumar Mukul, the District Program Officer (Establishment), Begusarai.

¶440

The Treasury Officer, Begusarai Namely Mr. Devendra Kumar.

¶441

.... .... Respondents

¶442

===========================================================

¶443

Appearance : (In MJC No. 613 of 2013) For the Petitioner/s : Mr. AMARENDRA KUMAR For the Respondent/s : Mr. PRABHAKAR TEKRIWAL GA1 (In MJC No. 5251 of 2013)

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¶446

For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. DEVENDRA KR SINHA (In MJC No. 407 of 2014) For the Petitioner/s : Mr. MUKESH KUMAR SINGH For the Respondent/s : Mr. S.K.SHARMA (In MJC No. 428 of 2014) For the Petitioner/s : Mr. ASHHAR MUSTAFA For the Respondent/s : Mr. S.K.SHARMA (In MJC No. 442 of 2014) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5635 of 2013) For the Petitioner/s : Mr. PRAMOD KUMAR For the Respondent/s : Mr. SHASHI BHUSHAN KR. (In MJC No. 5818 of 2013) For the Petitioner/s : Mr. SHAKIB AYAZ For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 6212 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5252 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. DEVENDRA KR SINHA (In MJC No. 5550 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. SHASHI BHUSHAN KR. (In MJC No. 5549 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5548 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5547 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5830 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5551 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL (In MJC No. 5947 of 2013) For the Petitioner/s : Mr. AVANINDRA KUMAR JHA For the Respondent/s : Mr. NEELU AGRWAL =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI

¶447

and

¶448

HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH) Date: 12-05-2015

¶449

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¶451

In these batch of applications, the petitioners pray for initiation of contempt proceedings against the opposite parties for deliberate and willful disobedience of the directions contained in the order, dated 23.09.2010, passed in L.P.A. No. 412 of 2003, which was heard analogous with 89 appeals, read with order, dated 08.08.2012, passed in M.J.C. No. 4075 of 2011, clarifying paragraph 30 of the order, dated 23.09.2010, aforementioned.

¶452

2. The foundational facts of the case, dating back to two decades as well as the provisions of law, have been noticed, in detail, in L.P.A. No. 412 of 2003 disposed of on 23.09.2010 and C.W.J.C. No. 13734 of 2012 and analogous writ petitions disposed of on 30.01.2013.

¶453

3. The petitioners were appointed as Assistant Teachers in Primary and Middle Schools between 1994 and 2000. Quite a few number of them were appointed on compassionate ground . None of these teachers was Matric Trained at the time of their appointments. It would not be out of place to mention that prior to the year 1991, the appointments of elementary teachers were made on the basis of circulars and instructions issued by the Government from time to time and no statutory rules, in this regard, were in existence. It is for the first time that in the year 1991, pursuant to the directions of this Court, Bihar Elementary

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¶456

Teachers Appointment Rules, 1991, (hereinafter referred to as „1991 Rules‟) were framed under Article 309 of the Constitution.

¶457

4. 1991 Rules provided for appointment of both trained and untrained teachers . As per Rule 11, only trained teachers were to receive Matric trained scale and untrained teachers , irrespective of their qualifications, were to be placed in Matric untrained scale. The Rules favoured a written examination and, on the basis of marks secured, a select list was to be prepared under Rule 10 in the light of 1991 Rules for reservation. Rule 11 provided for filling up of the vacancies from the select list and to appoint trained candidates in matric trained scale and matric untrained teachers in matric untrained scale. Rule 11, which would be relevant in the context, is quoted hereinbelow:

¶458

^^11- ojh;rk lwph ls vkj{k.k fu;eksa dk vuqikyu djrs gq, fjfDr;ksa dks Hkjus ds fy, fuEu izdkj dkjZokbZ dh tk;xh & ¼1½ tks mEehnokj izf”kf{kr gS mUgsa eSfV~zd izf”kf{kr osrueku esa fu;qDr fd;k tk;xk A

¶459

¼2½ tks mEehnokj vizf”kf{kr gSa mUgsa eSfV~zd vizf”kf{kr osrueku ds izkjfEHkd osrueku esa fuEu “krksZ ds lkFk fu;qDr fd;k tk;sxk %&

¶460

¼d½ izf”k{k.k ds fy, izfrfu;qDr fd;s tkus ij mlesa i;kZIr dkj.k ds Hkkx u ysus ij lsok lekIr dj nh tk;sxh A

¶461

¼[k½ izf”k{k.k mijkUr ijh{kk yh tk;sxh mlesa mEehnokj ;fn lQy ugha gksrk gS rks mls ,d ekSdk vkSj fn;k tk;sxk ;fn nwljh ckj Hkh og vuqRrh.kZ jgrk gS rks mldh lsok lekIr dj

¶462

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¶464

nh tk;sxh A

¶465

¼x½ izf”k{k.k dh vOF/k esa le;≤ ij fu/kkZfjr nj ij o`frdk ek= ns; gksxh A izf”k{k.k vOF/k ds fy, osru ns; ugha gksxk A

¶466

¼?k½ dafMdk ^^[k** esa fufnZ’V ijh{kk esa mRrh.kZ gksus ds mijkUr eSfV~zd izf”kf{kr osrueku fn;k tk;sxk A **

¶467

5. Though 1991 Rules did not favour grant of Matric Trained Scale to untrained teachers till they passed their training examination, the strikes and pressing situations pushed the Government to arrive at an agreement with the association of the employees and, as a result of this agreement, distinction between the trained and untrained teachers, appointed in the year 1994-95, became almost nonexistent and all those, trained as well as un-trained teachers, who were appointed in 1994, received Matric Trained Scale with higher qualifications of Intermediate and B.A. in spite of being untrained.

¶468

6. However, the matter did not rest there, the State Government employees raised a demand for grant of Central Pay Scale, which led to formation of another Fitment Committee in January, 1998, to sort out the controversy. The 2nd Fitment Committee, in its report, dated 08.02.1999, recommended Matric trained scale to teachers, who had passed training examination, and Matric untrained scale to all untrained teachers irrespective of higher qualifications.

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¶471

7. A wide protest erupted against the recommendation of the 2^nd Fitment Committee. The Government relented and agreed to grant Matric Trained scale to the Assistant Teachers having higher qualification with certain conditions; but soon thereafter, on 25.06.1999, the Finance Department, Government of Bihar, issued a Circular stating therein that untrained teachers, having higher qualification, who had completed one year training by 01.01.1996, would receive Matric trained scale. This Circular, dated 25.06.1999, was successfully challenged, in this Court, by the Teachers. The issue of pay scale seemed to get embroiled in never ending controversy. The Government constituted a Fitment Appellate Committee, which submitted its report on 15.01.2000. The Fitment Appellate Committee favoured trained scale to trained teachers as well as to those, who possessed graduate degree. As per recommendation of this Committee, the matric untrained and Intermediate were placed in matric untrained scale.

¶472

8. However, the Government, vide its resolution, dated 16.01.2000, adopted the Second Fitment Committee‟s report, dated 08.02.1999, which recommended untrained scale to all untrained teachers irrespective of their qualifications in preference to Fitment Appellate Committee report submitted in January, 2010. The resolution of the

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¶475

Government was followed by another Executive Order, dated 16.01.2001, whereby the higher scale, paid to the untrained teachers, were directed to be recovered in 20 (twenty) equal installments.

¶476

9. The Executive Order, dated 16.01.2011, was challenged in writ applications filed by the teachers, who were appellants in L.P.A. No.412 of 2003 (Chandrakant v. The State of Bihar and Others) and analogous batch of appeals, numbering 89, in total, which came to be finally dismissed on 17.04.2003.

¶477

10. The dismissal of the writ petitions led to filing of L.P.A. No. 412 of 203 and 89 other appeals aforementioned. It was argued before the Division Bench that though most of the appellants had completed their in service training, the examination was held only in the year 2004 and the result thereof was published in June, 2005. The appeals were partly allowed on 23.09.2010.

¶478

11. In these batch of contempt applications, the petitioners, who were appellants in the aforesaid appeals, have alleged that the respondents have committed contempt of the directions contained in paragraph 30 of the judgment, dated 23.09.2010,which reads as follows:

¶479

“30. Coming to the last issue, we find merit in the submission advanced on behalf of the appellants that due to inability of the State

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¶482

Government to hold the required examination within a reasonable time, the appellants who were successful, have suffered undue hardship. In that view of the matter, when the examination could not be held within two years in spite of directions of the Apex Court and even later, as per directions of this Court, we are of the view that the State Government which has the necessary powers, must take steps to relax rule 11 of the Rules as a one time measure within a reasonable time and take a prompt decision to grant Matric trained scale to the teachers who have passed the in-service training examination in June, 2005 form any date which may be found suitable and reasonable so as not to affect such teachers adversely for the unusual delay in holding the training examination. It would be reasonable and appropriate to grant matric trained scale to such teachers as indicated above from any reasonable date, may be from the date when the period of two years fixed by the Apex Court for completing the training of such teachers expired without compliance or even from 1-10- 2003, i.e. when actual payment in Matric trained scale was stopped. Keeping in view the requirements of Article 14 of the constitution, benefit of advancing the date for grant of Matric trained scale, as indicated above will also be made available to such teachers who may pass the training examination in the second attempt. For them the date will vary but benefit should be on same lines as given to those who have

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¶485

passed in the first attempt.”

¶486

(Emphasis supplied by us)

¶487

12. The observations, contained in paragraph 30 of the judgment, dated 23.09.2010, aforementioned were partly modified by order, dated 08.08.2012, passed in M.J.C. No. 4075 of 2011. Paragraph 6 thereof is quoted hereinbelow for easy reference:

¶488

“6. From a perusal of paragraph 30 of the judgment extracted above, it is evident that this Court has not applied its mind as to what would be reasonable and appropriate date for grant of Matric trained scale to such teachers as the petitioners. In view of aforesaid facts, particularly when it is not in dispute that actual payment of Matric trained scale was stopped from different dates and not from 1.10.2003, the illustration that the date may be fixed even from 1.10.2003, which was only by way of simple observation, is modified. That observation may be treated to have been deleted and instead the State Government shall apply its mind with reference to all the relevant facts and fix the date for grant of Matric trained scale to the concerned teachers on the basis of other observations keeping in mind that no adverse effect is caused upon seniority of the concerned teachers by fixing of the date for grant of Matric trained scale.”

¶489

(Emphasis supplied by us)

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¶492

13. In a nutshell, the Division Bench, in L.P.A. No.412 of 2003, observed that in case an Assistant Teacher, who passed, in first attempt , the in-service examination held in the year 2004, the result whereof was published in 2005, would be granted Matric Trained Scale even from 01.10.2003, when actual payment of Matric Trained Scale was stopped or from any other date that the Government may decide. It was further directed that the assistant teachers, who had appeared in the in-service examination prior to June, 2005, and if they passed their in-service examination in second attempt , would also be given benefit on the same lines, as given to those, who had passed in first attempt .

¶493

14. In view of the decision of the Division Bench, in L.P.A. No.412 of 2003 , Department of Human Resources Development, Government of Bihar, issued Resolution, dated 29.07.2011, which was subsequently clarified in the letter, dated 10.02.2012. The Principal Secretary, Education Department, in his letter, dated 10.02.2012, clarifying the resolution, dated 29.07.2011, aforementioned stated that it would not only benefit the appointees of 1994, but also those teachers, who were appointed in the year 1999 and 2000, on compassionate ground and those compassionate appointees would, therefore, receive Matric Trained scale with effect from 01.10.2003.

¶494

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¶496

15. However, in spite of the letter, dated 10.02.2012, of the Principal Secretary, Education Department, the benefits of L.P.A. No.412 of 2003 were not granted even in the case of 1994 appointees much less the 1999 appointees. The matter rested as it was.

¶497

16. The recalcitrant attitude of the Government led to further litigations. A writ application, bearing C.W.J.C. No. 13734 of 2012 and a batch of other writ petitions, came to be filed by the Teachers, who were appointed subsequent to 1994, for a direction to the Government to grant them Matric Trained Scale in terms of the direction given in L.P.A. No. 412 of 2003 and batch of appeals. Further-more, some of the assistant teachers, appointed between 1994 and 2000, and who had also passed in-service examination in first attempt and some in the compartmental , filed Contempt applications, in the year 2013, giving rise to the present batch of contempt applications. These Contempt Applications have been categorized in three groups. Apart from these three categories, there is one contempt application, bearing M.J.C. No. 428 of 2014, which does not mention the year of passing the inservice training examination nor does it mention whether the writ petitioner had passed in-service examination in first or second attempt.

¶498

17. The Batch of Contempt applications can be

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¶501

bracketed in three categories as under:

¶502

1^st Category (94 Batch-1^st attempt) 1. M.J.C. No. 613 of 2013 (Chandra Kant) 2. MJC No.5947 of 2013 (Binay Kumar)

¶503

2^nd Category (Post 94 Batch-1^st attempt) 1. MJC No. 5551 of 2013 (Ramendra Kr.) 2. MJC No. 5818 of 2013 (Surendra Rai.) 3. MJC No. 5251 of 2013 (Ranjit Kr. Rai) 4. MJC No. 6212 of 2013 (Ashutosh Chandra) 5. MJC No. 5550 of 2013 (Manoj Kumar) 6. MJC No. 5549 of 2013 (Prem Kumar) 7. MJC No. 5548 of 2013 (Ranjan Kumar) 8. MJC No. 5547 of 2013 (Dhananjay Kr.) 9. MJC No. 5830 of 2013 (Sheo Shankar Pd.) 10. MJC No. 5635 of 2013 (Rakesh Kumar)

¶504

3^rd Category (94 Batch- Compartmental) 1. MJC No. 5252 of 2013 (Anil Kr.) 2. MJC No. 442 of 2014 (Azaz Ahmad) 3. MJC No. 407 of 2014 (Jyoti Chand Paswan)

¶505

18. The respondent State has filed its show

¶506

cause in the Contempt applications stating that there has been no willful disobedience of the order of the Division Bench, rather, they have been complying with the orders passed by this Court. They submitted that in pursuance of the order,

¶507

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¶509

dated 23.09.2010, passed in L.P.A. No. 412 of 2003, the Human Resources Development Department issued Resolution No. 790, dated 29.07.2011, which was modified, vide letter, dated 10.02.2012, of the Principal Secretary, Education Department, extending the benefits of the order, in appeal, to not only appointees of 1994, but also compassionate appointees of 1999-2000 for favour of Matric Trained Scale w.e.f. 01.10.2003. However, a learned single Judge of this Court, vide order, dated 30.01.2013, passed in C.W.J.C. No.13734 of 2012, clarifying the judgment/order passed by the Division Bench in L.P.A. No. 412 of 2003, observed that Rule 11 of Rules 1991 was only one time relaxation for such untrained teachers, who were appointed in the year 1994 or prior thereto and not subsequent thereto. The relevant extract of the order of the writ Court is quoted hereinbelow:

¶510

“22. It is relevant to state that at no point of time during the hearing of the writ applications any of the petitioners pointed out that any of the appellants in L.P.A. No.412 of 2003, which was heard analogous with 89 cases, were appointees either of 1996, 1999 or 2000. Furthermore, nothing in the order of Chandra Kant case (Supra) even in remotest indicate that any of the appellants in analogous appeals were appointees subsequent to 1994. The only paragraph of Division Bench judgment, which gave some details of the date of appointment, is paragraph 7, which is quoted

¶511

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¶513

herein below:

¶514

“Thus there is no indication in the judgment of Division Bench to infer that the benefits of one time relaxation of Rule was to be extended to appointees of 1999-2000 so as to confer them matric trained scale w.e.f. 1.10.2003 even if they pass the training examinations much subsequent to it. It is relevant to state that appellants of Chandra Kant and analogous batch of appeals were appointed in 1994. They struggled to get trained scale, which government acceded by making an agreement with the employees twice between 1994 and 1999 itself. Some of them even moved Hon ‟ ble Apex Court with a grievance that they were denied opportunity of getting higher scale as no training was provided, much less, taking of examination. The Apex Court in S.L.P. No.23187/97 disposed of on 5.9.1997 directed that training be granted within two years. At the relevant time, the appointees of 1999-2000 were not even recruited. Further more, the appointees of 1994 moved this Court as back as in 2011 itself and the matter was finally settled in 2010 vide Chandra Kant case. In such circumstance, the Division Bench noticing the hardship, allowed one time relaxation of provision of Rule 11. As observed by learned Single Judge, the judgment ought not to be inferred to include reliefs or benefits, it did not intend to confer to latter appointees of 1999 to 2000.”

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¶517

19. In view of the clarification rendered by the order, dated 30.01.2013 aforementioned, passed in C.W.J.C. No. 13734 of 2012, an amended resolution was issued vide Memo No. 1400, dated 13.09.2013. The broad features of the resolution, dated 13.09.2013, read as follows:

¶518

“(a) That those untrained teachers possession higher qualification who had been appointed in connection of 1994 batch or prior to 1994 under Bihar Elementary School Appointment Rule, 1991 would be given Matric Trained Scale notionally for the period between 05.09.1999 to 30.09.2003 and from 01.10.2003 would be given financial benefits as before.

¶519

(b) That those untrained teachers possession higher qualification who had been appointed after 1994 in terms of Bihar Elementary School Appointment Rule, 1991 would be given Matric Trained Scale from the date of passing in the training examination.

¶520

(c) That the rest of the conditions laid down in Resolution no. 790 dated 29/07/11 would remain intact.”

¶521

20. On the other hand, the Contempt petitioners submit that the order of the learned single Judge, dated 13.09.2013, passed in CWJC No. 13734 of 2012, was carried in appeal, bearing L.P.A. Nos. 1459 of 2013, 1682 of

¶522

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¶524

2013, 1608 of 2013, 1034 of 2013, 1566 of 2013, 1651 of 2013, 1652 of 2013, 1653 of 2013, 1654 of 2013, 1685 of 2013, and 1597 of 2013, by Ramakant Yadav and others.

¶525

21. In the appeals aforementioned, the order, dated 30.01.2013, passed in C.W.J.C. No. 13734 of 2012 and analogous cases, was set aside vide order, dated 03.01.2014. The Division Bench, while setting aside the order to the extent mentioned therein, observed that it was not brought to the notice of the learned single Judge that the appeals, which were heard along with L.P.A. No. 412 of 2003, also included the appellants appointed after 1994 and till 2000. The Division Bench further observed that all persons, appointed under 1991 Rules up to 2000, who had cleared in-service training examination till June, 2005 or from the actual date of passing, in the second attempt , constituted a class of their own. The observations, made at paragraph Nos. 11 and 13 of the order, dated 03.01.2014, of the Division Bench, passed in L.P.A. No. 1459 of 2013, etc., bearingrelevant in the context, are quoted hereinbelow:

¶526

“11. The respondents rightly in correct appreciation of Chandrakant (supra) issued orders on 29.7.2011 and 10.2.2012 cumulatively making it applicable to all teachers appointed under the Rules as untrained irrespective of the date of appointment,

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¶529

but restricted the benefit to those who had cleared the in-service training examination by June, 2005 or from the actual date of passing in second attempt.

¶530

13. Chandrakant (supra) is stated to have attained finality questioned by none. The benefit of one time relaxation under it is available only to those who fall within the classification made in it as discussed above. The benefit is not available under it to the second category who may have been appointed upto the year 2000 but who passed the in-service training examination after June 2005. In LPA No. 1034 of 2013, the pleading at paragraph 18 contended that similar benefit of one time relaxation of the Rule must be extended to the second category also. But, the matter appears to have proceeded on a different discussion and that issue was left undecided.”

¶531

22. In terms of the interpretation by the Division Bench, in L.P.A. No. 1459 of 2013, of the directions given in L.P.A. No. 412 of 2003 and analogous appeals, the following position merges:

¶532

(i) The benefit of L.P.A. No.412 of 2003 would be available to appointees uptil 2000 provided that

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¶535

they had cleared the in-service training;

¶536

(ii) Such appointees would be entitled to the benefit

¶537

given in L.P.A. No.412 of 2003 if they had cleared the in-service examination by June, 2005;

¶538

(iii) However, if they had not cleared the in-service examination by June, 2005, they would still be entitled to Matric Trained Scale, but from the actual date of passing in the second attempt.

¶539

23. In the backdrop of interpretation of the benefits accruing from L.P.A. No.412 of 2003 , we would, now, consider the contempt applications batch wise as categorized in the preceding paragraph.

¶540

24. The first category would contain the M.J.C. applications filed by 1994 batch, who have cleared the in service examination in first attempt before the year 2005. In this first category falls two M.J.C. applications, which are M.J.C. No. 613 of 2013 (Chandra Kant) and M.J.C. No. 5947 of 2013 (Binay Kumar). The second category would comprise of post 1994 batch, who had passed in-service examination in first attempt . The second category would contain M.J.C. applications, bearing M.J.C. No. 5551 of 2013, 5818 of 2013, 5251 of 2013, 6212 of 2013, 5550 of 2013, 5549 of 2013, 5548 of 2013, 5547 of 2013, 5830 of 2013 and M.J.C. No.

¶541

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¶543

5635 of 2013. The third category comprises of 1994 batch, who failed to clear all papers in one go and passed compartmental examination after June, 2005. This category contains M.J.C. applications, bearing M.J.C. No. 5252 of 2013, 442 of 2014 and, 407 of 2014.

¶544

25. The first two categories of contempt applications, for the sake of convenience, are taken up together for consideration.

¶545

26. It is relevant to state here that as per the decision in L.P.A. No. 412 of 2003 , interpreted by the Division Bench in L.P.A. No. 1459 of 2013 (Rama Kant Yadav & others Vs. The State of Bihar & Others) and analogous appeals, Assistant Teachers, appointed prior to 2000, who had passed the in-service examination, in first attempt , before June, 2005, would be entitled to Matric Trained Scale from 01.10.2003 or any suitable date that the Government may decide. This apart, those, who passed the inservice training examination in second attempt after 2005, would be entitled to Matric Trained Scale from the date of passing the in-service training examination as per paragraph 11 of the order of the Division bench quoted hereinabove.

¶546

27. The petitioners of first category and the second category would stand fully covered under the decision of L.P.A. No. 412 of 2003 and analogous appeals as

¶547

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¶549

interpreted by the Division Bench in L.P.A. No. 1459 of 2013 and analogous appeals decided on 03.01.2014.

¶550

28. Mr. S. K. Sharma, learned Counsel, appearing on behalf of the respondents, submits that the issue whether the direction, in L.P.A. No.412 of 2003, would apply to 1994 batch or to the post 1994 appointees too was pending consideration, first, in CWJC No. 13734 of 2012 and, later on, in L.P.A. No. 1459 of 2013. They were, as such, dealt with the true import of the directions given in L.P.A. No.412 of 2003 . Even if we accept this submission of the State, yet there would be left no justification for the State not to implement the order after 03.01.2014 in the case of the teachers falling in first two categories of contempt applications.

¶551

29. We were contemplating initiation of contempt proceedings against the defaulting opposite parties, but because of the assurance given, on behalf of the State, that the order would be implemented forthwith, the contempt proceedings are not draw at this stage and the contempt applications are disposed of accordingly.

¶552

30. The third category of contempt applications consist of Assistant Teachers, who were appointed in the year 1994, but could not clear the in-service examination in first attempt before June, 2005, but cleared in compartmental examination held after June, 2005. The issue is whether the

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¶555

compartmental examination would form part of first attempt of examination or would constitute second attempt .

¶556

31. Learned Counsel for the parties have not been able to produce any rule or Government instructions on the issues governing the training examination of the Assistant Teachers.

¶557

32. Though, as per Bihar School Examination Board Rules governing secondary examination, and the Universities Rules, a compartmental examination is considered part of the same examination, there is no specific provisions, in 1991 Rules, touching the compartmental examination , with regard to in-service examination. Even Rule 11 does not refer to compartmental examination .

¶558

33. In the situation, which has so arisen, a deeper consideration is needed in appropriate writ petition or in some other proceedings permissible in law and since the question of extending benefit of pay scale to those teachers, who have passed in the compartmental examination , is shrouded in controversy and engulfed in dispute, this dispute needs to be resolved in appropriate adjudicatory proceeding.

¶559

34. Situated thus, it is clear that in the present state of affairs, no contempt proceeding can be drawn up against the respondents concerned for non-implemention of the relevant directions in respect of those teachers, who have

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¶562

passed their compartmental examination after June, 2005. These contempt proceedings shall also, therefore, stand accordingly disposed of.

¶563

35. So far as M.J.C. No. 428 of 2014 is concerned, it is impossible, in view of lack of foundational facts, to place the applicants in any of the categories aforementioned. The Contempt petitioners have, nowhere, stated whether they have passed the in-service examination in first attempt or in second attempt . Even the year of passing of the examination finds, nowhere, mentioned.

¶564

37. In view of lack of material facts, no cognizance can be taken of the issue. The contempt application, bearing MJC No. 428 of 2014, shall, therefore, stand accordingly dismissed.

¶565

(Samarendra Pratap Singh, J.)

¶566

I. A. Ansari, J: I agree.

¶567

Uday/- (I. A. Ansari, J.)

¶568

U √ T X

Azaz Ahmad @ Ezaz Ahmad and Ors. v. The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna and Ors.

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What the court decided

Azaz Ahmad @ Ezaz Ahmad and Ors. v. The Principal Secretary, Department Of Cabinet Secretariat, Government Of Bihar, Patna and Ors.

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What the court decided

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