Dismissed

Basudeo Lal and Ors. v. Ashok De and Ors.

Patna HC21 Aug 2018MJC/2685/2016

Case brief

AI extract

What is this about?

This court dismissed a contempt application because it found no Mandamus issued by this court directing the opposite parties to act or refrain from acting, clarifying that the opposite parties had considered the petitioners' representation voluntarily.

What did the court decide?

Contempt application dismissed with liberty to seek remedy in accordance with law if aggrieved by the opposite parties' order.

Basudeo Lal and Ors. Vs Ashok De and Ors. — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2685 of 2016 In

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Civil Writ Jurisdiction Case No.7320 of 2014

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

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Basudeo Lal son of late Raghunath Lal, R/o village ujjanlalpur, P.O.-Lahna Road, P.S.- Sakkatpur, District- Darbhanga

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Lal Babu, son of late Ram Khilawan Mistry, R/o Purandarpur, Muslim School Lane, Near Doja Lodge, P.S.- Pirbahore, District- Patna

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Nageshwar Lal, Son of Late Swaroop Lal, R/o village- Ujjanlalpur, P.O.Lohna Road, P.S.- Sakkatpur, District- Darbhanga, at present residing at N.I. T. Campus, Patna

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... ... Petitioner/s

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Versus

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Ashok De son of note known, Director, The National Institute of Technology, Patna through its Director, National Institute of Technology, Patna

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Krishna Kumar Tiwary, Son of Not Known, The Registrar, National Institute of Technology, Patna

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Manish Sabarwal, son of not known, The Board of governors, through its Chairman, National Institute of Technology, Patna

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The State of Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Siya Ram Shahi, Advocate Mrs. Shally Kumari, Advocate For the Respondent/s : Mr. Y. V. Giri, Sr. Advocate Mr. Sanjay Kumar Giri, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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4 21-08-2018

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Heard Mrs. Shally Kumari, learned counsel

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representing the petitioners and Mr. S. K. Giri, representing the opposite parties.

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A bare perusal of the operative part of the order passed by the learned Writ Court on 19.02.2015 in Civil Writ Jurisdiction Case No. 7320 of 2014 would show that, in fact, the Court granted liberty to the petitioners to represent their cases individually for grant of the allowance to the extent of 20 % of

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Patna High Court MJC No.2685 of 2016(4) dt.21-08-2018 2/2

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the pay or Rs. 250/- per month for the work done by them on the higher post between 06.01.2005 to 08.12.2014.

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This Court does not find any Mandamus issued by this Court directing the opposite parties to do or not to do something. Still the opposite parties are said to have considered the representation of the petitioners and they have come out with a reasoned order as contained in Annexure A to the show cause. The petitioners should be more than happy to see that their representation has been disposed off without there being any Mandamus.

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This contempt application cannot proceed and the same is accordingly, dismissed but with liberty to the petitioners to seek their remedy in accordance with law if aggrieved by the order as contained at Annexure-’A’ to the show cause.

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(Rajeev Ranjan Prasad, J)

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avin/-

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Basudeo Lal and Ors. v. Ashok De and Ors.

Case brief

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Basudeo Lal and Ors. v. Ashok De and Ors.

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