A single-judge order disposing of a contempt petition filed against the State of Bihar. The court found that a previous Writ Court order directing retrenchment benefits had been complied with by the State, and thus dismissed the petition.
Contempt petition stood disposed of with no direction for further relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1302 of 2019
In
Civil Writ Jurisdiction Case No.5739 of 2018
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Government Upgraded Middle School Anchal Chandan, District Banka.
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and working working as an Assistant Teacher in Government Upgraded Middle School Anchal Chandan, District Banka.
Patna High Court MJC No.1302 of 2019(4) dt.27-06-2023 4/7
Middle School Nazwadih (SC) Anchal Chandan, District Banka.
Patna High Court MJC No.1302 of 2019(4) dt.27-06-2023 5/7
working as an Assistant Teacher in Government Upgraded Middle School Inaravaran, Anchal Katoriya, District Banka.
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinu Kumar, Advocate For the Opposite Party/s : Mr. Ram Vinay Pd. Singh, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
4 27-06-2023 Heard Mr. Dinu Kumar, learned Counsel for the
Patna High Court MJC No.1302 of 2019(4) dt.27-06-2023 6/7
The Writ Court on 18.04.2018 in CWJC No. 5739 of 2018 passed the following order. The concluding part is incorporated hereinbelow:-
“In view of the above, these writ applications are disposed of with a direction to the respondents to consider the case of the petitioners of these cases and extend similar benefits to them within a period of sixty days from the date of receipt/production of a copy of this order.”
Learned State Counsel by way of show cause has filed an order of the District Education Officer, Banka vide memo no. 1586 dated 05.07.2019 by which a reasoned order has been passed and from the order, it is clear that the petitioners have also been granted relief they wanted.
Mr. Dinu Kumar, learned Counsel for the petitioner submits that thereafter, the LPA Court in another case vide LPA No. 756 of 2015 has passed certain orders and they are also entitled to said benefits.
He submits that the said order of the LPA Court has been affirmed by the Hon’ble Supreme Court .
This Court only has to see whether the Writ Court order has been complied with or not and is convinced that the order stands complied.
If the petitioner wants some other relief in the light of
Patna High Court MJC No.1302 of 2019(4) dt.27-06-2023 7/7
the order passed by the Division Bench affirmed by the Hon’ble Supreme Court, he will be at liberty to approach the appropriate authority with the orders.
Accordingly, the contempt petition stands disposed of.
(Rajiv Roy, J)
Neha/-
U
2 issues framed by the court
Whether the Writ Court order directing retrenchment benefits to petitioners was complied with.
Whether the petitioner is entitled to further relief based on a Supreme Court order in a related case.
Aditya Kumar and 47 others
State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
