Patna High Court
Ranvir Kumar Singh & Ors vs The State Of Bihar & Ors on 12 May, 2015
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.613 of 2013
IN
LPA 412 of 2003
===========================================================
Chandrakant
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
with
===========================================================
Miscellaneous Jurisdiction Case No. 5251 of 2013
IN
LPA 454 of 2003
===========================================================
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.
2. Ravindra Nath Pandey S/O Late Ram Sakal Pandey Village- Khargauli, P.O-
Nechua Jalalpur, P.S- Kuchaikot, District- Gopalganj, At Present Posted At
U.M.S. Amwa, Block+ P.S- Kuchaikot, District- Gopalganj.
.... .... Petitioners
Versus
1. The State Of Bihar, Through The Principal Secretary, Education Department,
Government Of Bihar, Patna, Namely Amarjit Sinha.
2. The Director, Primary Education Department, Govt. Of Bihar, Patna, Namely
Ajay Kumar Choudhary
3. The Regional Deputy Director Education, Muzaffarpur, Namely.
4. The District Education Officer, Gopalganj, Namely
5. The District Program Officer (Establishment), Gopalganj, Namely.
.... .... Respondent/s
with
===========================================================
Miscellaneous Jurisdiction Case No. 407 of 2014
IN
LPA 412 of 2003
===========================================================
Jyoti Chand Paswan & Ors.
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
with
===========================================================
Miscellaneous Jurisdiction Case No. 428 of 2014
IN
LPA 412 of 2003
2 Patna High Court MJC No.613 of 2013 dt.12-05-2015
2/36
===========================================================
Ranvir Kumar Singh & Ors
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
with
===========================================================
Miscellaneous Jurisdiction Case No. 442 of 2014
IN
LPA 412 of 2003
===========================================================
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
2. 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
3. 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
4. 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
.... .... Petitioner/s
Versus
1. The Principal Secretary, Department Of Cabinet Secretariat, Government Of
Bihar, Patna Namel Ashok Kumar Singh, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna
Namely Mr. Rameshwar Singh, I.A.S.
3. The State Of Bihar, Through The Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjeet Sinha, I.A.S.
4. Mr. Sarvnam M., Director, Primary Education Department, Govt. Of Bihar,
Patna
5. Mr. Medo Das Regional Deputy Director Of Education, Magadh Region At
Gaya
6. Mr. Rajiv Ranjan Prasad, District Education Officer, Gaya
7. Mr. Selestin Hansda District Program Officer (Establishment) , Gaya
8. Mr Ashok Kumar Deo, District Accounts Officer, Gaya
9. Mr. Md. Ahtesham Hussain, District Education Officer, Nawada
10. Mr. Anil Singh, District Program Officer (Establishment) Nawada
11. Mr. Rashid Chandra Vir, District Accounts Officer, Nawada
12. Mrs. Reena Kumari, District Education Officer, Arwal
13. Mr. Jay Banerji, District Program Officer (Establishment), Arwal
14. Mr. Nand Kishor Singh, District Accounts Officer, Arwal
15. Mr. Shivnath Prasad, District Education Officer, Jahanabad
16. Mr, Roushan Ara, District Program Officer (Establishment) , Jahanabad
17. Mr, Saurav Kumar, District Accounts Officer, Jahanabad
.... .... Respondent/s
with
3 Patna High Court MJC No.613 of 2013 dt.12-05-2015
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===========================================================
Miscellaneous Jurisdiction Case No. 5635 of 2013
IN
LPA 412 of 2003
===========================================================
1. Rakesh Kumar S/O Shri Shyam Narayan Yadav R/O Village Kumardih, P.O.
Saran, P.S. Mukhdumpur, District Jehanabad.
2. Sudarshan Prasad S/O Shri Kailash Prasad R/O Village Chandel Nagar, P.O.
Pinjor, P.S. Kako, District Jehanabad.
3. Yogendra Kumar S/O Late Ram Prasad Pandit R/O Village Jolah Bigha, P.O.
Shakurabad, District Jehanabad.
4. Ram Prasad S/O Shri Lakshmi Narayan Gupta R/O Raja Bazar, P.S.
Jehanabad.
5. Jitendra Prasad S/O Shiv Pratap Ram R/O Village Barki Kothia, P.O.
Upadhyapur, District Buxar.
6. Arbind Kumar 'Rakesh' S/O Shri Nityanand Verma R/O Village Khapura, P.O.
Paliganj, District Patna.
7. Mohan Singh S/O Late Munni Singh R/O Village Lakshmipur, P.O. Amainpur,
P.S. Parasbigha, District Jehanabad.
8. Sanjay Kumar S/O Shri Gobind Prasad R/O Village Chhariyari, P.S.
Makhdumpur, District Jehanabad.
9. Satyendra Kumar S/O Late Subedar Prasad R/O Mohalla Chandrabanshi Nagar,
Main Road, P.S. Jehanabad.
10. Manoj Choudhary S/O Shri Mundrika Choudhary R/O Mohalla Unta East Gali,
P.S. Jehanabad.
11. Sanjay Kumar 'Suman' S/O Shri Ram Nandan Prasad R/O Village Salempur,
P.S. Jehanabad.
12. Brajendra Kumar S/O Lal Das Yadav R/O Village Shripur, P.S. Kakhdumpur,
District Jehanabad.
13. Parmanand Mishra S/O Late Mathura Pd. Mishra R/O Village Sahwajpur, P.S.
Jehanabad.
14. Kabindra Kumar S/O Late Sia Sharan Singh R/O Mohalla Dewaria, Jehanabad
Court, District Jehanabad.
15. Nasimuddin Shams S/O Md. Tahir Ansari R/O Village Khidarpura, P.S.
Jehanabad.
16. Bhupendra Kumar Bhushan S/O Late Hridya Nand Singh R/O Mohalla Raja
Bazar, P.S. Jehanabad.
.... .... Petitioners
Versus
1. The State Of Bihar through the Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government of
Bihar, Patna.
4. Mr. Ajay Kumar Choudhary, the Director, Primary Education Department,
Bihar, Patna.
5. 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
with
4 Patna High Court MJC No.613 of 2013 dt.12-05-2015
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===========================================================
Miscellaneous Jurisdiction Case No. 5818 of 2013
IN
Miscellaneous Jurisdiction Case No. 4075 of 2011
===========================================================
Surendra Rai & Ors.
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
with
===========================================================
Miscellaneous Jurisdiction Case No. 6212 of 2013
IN
LPA 412 of 2003
===========================================================
1. Ashutosh Chandra Mishra S/O Late Sita Ram Mishra At + P.O. Bharakhand,
P.S. Parwatta, Distt. - Khagaria
2. Shiv Shankar Jee S/O Late Subhash Chandra Singh At + P.O. Saidpur, P.S.
Gopalpur, Distt. - Bhagalpur
3. Raj Kishor Thakur S/O Late Devki Nand Thakur At + P.O. Chanda, P.S. -
Thakur Gangti, Distt. Godda, Jharkhand
4. 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
6. Sanjay Kumar S/O Late Siyaram Pd. Yadav At + P.O. Latra, P.S. Gopalpur,
Distt. - Bhagalpur
7. Amrendra Kr. Sharma S/O Late Gokul Pd. Sharma At + P.O. Bhawanipur Via -
Naugachia, P.S. Rangra Chowk, Distt. - Bhagalpur
8. Nivedita Krishnan W/O Gopal Krishna C/O Sarla Sadan Bhagalal Mishara
Lane, Surkhi Kal, Tilkamanjhi, Bhagalpur
9. Ajit Prasad Pal Late Ram Mohan Pal At - Pal Nagar, P.O. Shobhnathpur, P.S.
Kahalagoan, Distt. - Bhagalpur
10. Amarkant S/O Arjun Das 3lp6 Housing Borad, Barari, P.S. Barari, Distt. -
Bhagalpur
11. Hari Shankar Pd. Singh Choursia, S/O Srinandan Pd. Sahu Vill. + P.O - Sahu
Parbatta, Via - Naugaichia, P.S. Parbatta, Distt. - Bhagalpur
12. Akhilesh Kr. Yadvendu S/O Late Domodar Pd Yadav At + Po - Bhawanpura,
Via - Kharik Bazar, P.S. Naugachia, Distt. - Bhagalpur
13. Abhimanu Kumar S/O Anant Yadav At Nabin Nagar Punama, P.O. Kadwa
Diyara, P.S. Naugachia, Distt. - Bhagalpur
14. Sudhir Paswan S/O Rajendra Paswan At + Po - Bhawanpura, Via - Naugachia,
P.S. Naugachia, Distt. - Bhagalpur
15. Pranav Kr. Pandey S/O Abhay Kr. Pandey At + P.O. Baijani, P.S. Jagdishpur,
Distt. - Bhagalpur
16. Gopesh Chandra Das S/O Late Ramesh Chandra Das R/O Mohalla + P.S. Brari,
Distt. - Bhagalpur
17. Niranjan Kumar S/O Late Narsihgh Mandal At + Po - Lokmanpur, Via -
Kharik, P.S. Kharik, Distt. - Bhagalpur
18. Vivekanand Null C/O Sri Jagdeo Ram, At - Mansarpur, P.O. Fathpur, P.S.
Zeromile, ( Sabour ), Distt. - Bhagalpur
5 Patna High Court MJC No.613 of 2013 dt.12-05-2015
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a. 19. Manoj Kumar C/O Sri Jago Sah, Vikramshila Colony, Tilkamanjhi, P.S.
Tilkamanjhi, Distt. - Bhagalpur
19. Ajay Kumar Choudhary S/O C. Mandal At - Mayaganj, P.O. + P.S. Barari,
Distt. - Bhagalpur
20. Rajan Kumar Jha S/O Sri Sanjay Kumar Jha Vill. - Manikpur, P.O. + P.S.
Shahkund, Distt. - Bhagalpur
21. Arvind Prasad S/O Lt. Arirudh Pd. Mandal At + P.O. + P.S. Ishackchak, Distt.
- Bhagalpur
22. Rajnish Kumar S/O Sri Ramchandra Paswan Vill. - Bhawanipur,Post - Dighari
Via = P.S. Surgarha, Distt. - Lakshisarai
23. Mukesh Kumar S/O Sudarshan Das At - Parbatti, P.O. - Bhagalpur City, P.S.
Kotwali, Distt. - Bhagalpur
24. Amod Kumar Jha S/O B.D. Jha At + Po - Kajhi, Via - Banmankhi, P.S.
Banmankhi, Distt. - Purnia
25. Manish Kr. S/O Sri Vijay Pd. Rama R/O Sermari Bazar, Pirpainti, P.S.
Pirpainti, Distt. - Bhagalpur
26. Rabindra Kr. Sinha S/O Bhola Pd. Sinha Vill. - Rifatpur, Pirpainti, P.S.
Pirpainti, Distt. - Bhagalpur
27. Nilesh Kr. Choudhary S/O Bhola Pd. Choudhary Sermari, Pirpainti, P.S.
Pirpainti, Distt. - Bhagalpur
28. Shyam Sundar Thakur S/O Sri Satynarayan Thakur R/O Kalyan Chak, P.S.
Rajmahal, Distt. - Sahebganj, Jharkhand
29. Munnalal Gupta S/O Sri Vishwanath Pd. Gupta R/O Hatpara, P.S. Barharwa,
Distt. - Sahebganj
30. Subodh Kr. Pandey S/O Late Kathin Pandey R/O Marwari Tola Sahebganj,
P.S. + Distt. - Sahebganj
31. Keshav Mandal S/O Late Shyamlal Mandal Village - Gopalichak Moula Tola,
Pirpanti, P.S. Pirpanti, Distt. - Bhagalpur'
32. Devesh Kr. Mahto S/O Late Yamunalal Mahto R/O Kuswaha Tola, P.S.
Barharwa, Distt. - Sahebganj
33. Manoj Kumar S/O Kuldev Pd. Mandal Village - Bari Chariya, P.O.
Khawashpur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur
34. Santosh Kumar S/O Singhswar Mandal Village - Bari Chatiya, P.O.
Khawaspur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur
35. Kirpam Mandal S/O Nandlal Mandal Vill. - Jayanti Gram, P.O. Mahadevganj,
P.S. + Distt. Bhagalpur
36. Upendra Pd. Mandal S/O Sukdev Mandal Vill. - Kamat Tola, Pirpainti, P.S.
Pirpainti, Distt. - Bhagalpur
37. Sunil Kr. Mandal S/O Sri Prayag Mandal Vill. - Khawashpur, Pirpainti, P.S.
Pirpainti, Distt. - Bhagalpur
38. Arbind Kr. Singh S/O Sri Mahendra Pd. Singh Vill. - Chatai P.O. Khawaspur,
Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur
39. Subhodh Kr. Mandal S/O Sri Fuchai Pd. Mandal Vill. - Kisanprasad, P.O.
Rampur, P.S. + Distt. - Sahibganj
40. Anil Kr. Mandal S/O Shri Shivdyal Mandal Vill. - Bari Kodarjanna, P.S. +
Distt. - Sahibanganj
41. Krishnadev Mandal S/O Sri Baijnath Mandal At + P.O. - Bari Kodarjanna,
P.S. + Distt. - Sahibanganj
42. Ghanyam Pd. S/O Sri Bhagirath Mandal Vill. - Kalibari Ghangar Sah, P.S. +
Distt. - Sahibganj
43. Rakesh Kumar Mandal S/O Late Jaggu Mandal Vill. - Hajipur Diyara, P.S. +
Distt. - Sahibganj
6 Patna High Court MJC No.613 of 2013 dt.12-05-2015
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44. Tejnarayan Singh S/O Sri Sitaram Singh Vill. - Madhubantola, Bakharpur
Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur
45. Vijay Chandra Bharti S/O Sri Rajendra Pd. Mandal Vill + P.O. Parsurampur,
Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur
46. Mantu Pd. Mandal S/O Sri Yugulkishor Mandal Vill. - Madhubantola, P.O. -
Bakharpur, Pirpainti, P.S. Pirpainti, Distt. - Bhagalpur
47. Niranjan Kumar S/O Sri Nepal Chandra Das Vill. - Sahupara, Sanhaula, P.S.
Sanhaula, Distt. - Bhagalpur
48. Arun Kr. Rajak S/O Lt. Sarwan Rajak Vill. + P.O. Dulduliya, P.S. Pirpainti,
Distt. - Bhagalpur
49. Sonelal Singh S/O Indra Pd. Singh Vill. + P. O. - Bari Kodarjanna, P.S. +
Distt. - Sahibanganj
50. Barnard Soran S/O Late Bhuju Soran Vill. - Chota Kandua, P.O. Mandro, P.S.
+ Distt. - Sahibganj
51. Vinay Kr. Mandal S/O Late Ajablal Mandal Vill. - Gopalchak, P.O. Maultola,
P.S. Pirpainti, Distt. - Bhagalpur
52. Kamta Pd. S/O Sri Shivdani Mandal Vill. - Ramnagar, P.O. Mohanpur (
Govindpur ), P.S. Pirpainti, Distt. - Bhagalpur
53. Piryatosh Kr. S/O Sri Asutosh Pd. Singh Vill. + P.O. + P.S. Pirpainti, Distt. -
Bhagalpur
54. Gopal Pd. S/O Sri Ramashraya Mahto Vill. - Kishnichak, P.O. Ammapali, P.S.
Pirpainti, Distt. - Bhagalpur
55. Uday Shankar Tanti S/O Late Dawrika Pd. Moh. Gullibhatta Argara, P.O. +
P.S. + Distt. - Sahibganj
56. Kashi Pd. Mandal S/O Jagdish Pd. Mandal Vill. - Choura, P.O. Lakarmara,
Maherma, P.S. Meharma, Distt. - Godda
57. Sashi Kr. Suman S/O Haricharan Poddar, Choudhary Colony, P.S. + Distt. -
Sahibganj, Jharkhand
58. Anand Kumar Singh S/O Late Medi Singh H.No. - 32 Adampur
Hanumannagar, P.S. Adampur, Distt. - Bhagalpur
59. Vikash Chandra Verma S/O Ram Pratap Verma Moh. - Vikramshila Nagar,
P.O. + P.S. Khalgoan, Distt. - Bhagalpur
60. Manoj Kr. Singh S/O Ganesh Pd. Singh At - Diyara Chandpur, P.O. Chandpur,
P.S. Falka, Distt. - Katihar
61. Jayant Prakash S/O Phul Prakash Mandal At - Banshipur, P.O. Shobnathpur,
P.S. Khahalgaon, Distt. - Bhagalpur
62. Nandan Kr. S/O Maharaji Mandal At + P.O. Rampur Via - Maturapur, P.S.
Kahalgaon, Distt. - Bhagalpur
63. Shankar Pd. Mandal S/O Sri Gena Mandal At - Saithpur Kulkuliya, P.O. +
P.S. Kahalgaon, Distt. - Bhagalpur
64. Jitendra Kumar S/O Sri Shyam Lal Pandit At + P.O. Ekchari, P.S. Khalgoan,
Distt. - Bhagalpur
65. Naresh Kr. Mandal S/O Bisheshwar Mandal Vill. - Kachaharia Post + P.S. -
Budhuchak, Via - Maturapur, Distt. - Bhagalpur
66. Umesh Mandal S/O Narayan Mandal Vill. - Masudanpur, P.O. Kasdi, P.S.
Kahalgoan, Distt. - Bhagalpur
67. Shiv Naryan Mandal S/O Shivdhari Mandal Vill. + Post - Bakharpur, P.S.
Pirpainti, Distt. - Bhagalpur
68. Bindeshwari Mandal S/O Ganesh Mandal At + P.O. - Govindpur Mohanpur,
P.S. Pirpainti, Distt. - Bhagalpur
69. Nandkishor Mandal S/O Buddhinath Mandal At - Chhoti Chataiya, P.O.
Ekchari Diyara, P.S. Pirpainti, Distt. - Bhagalpur
7 Patna High Court MJC No.613 of 2013 dt.12-05-2015
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70. Prabhu Kumar Mandal S/O Late Shada Pd. Mandal At - Tulsipur, P.O.
Barmasia, P.S. Pirpainti, Distt. - Bhagalpur
71. Shekhar Singh S/O Sri Bipin Bihari Mandal R/O Kisan Hat M.P. Road
Bhagalpur City, P.S. Kotwali, Distt. - Bhagalpur
72. Manoj Kumar S/O Sita Ram Mahto At + Po - Narayanpur, P.S. Pirpainti, Distt.
- Bhagalpur
73. Umesh Charan Roy S/O Sri Banarsi Pd. Roy At - Shyampur, Po - Lalapur (
Bhader ), P.S. Kahalgaon, Distt. - Bhagalpur
74. Pankaj Kumar S/O Sri Rajendra Pd. Jaiswan At - Mohanpur, P.O. Khawaspur,
P.S. Kahalgaon, Distt. - Bhagalpur
75. Yogesh Kumar Singh S/O Ramswarup Singh At - Salempur Saini, P.O. -
Nandlalpur Kahalgaon, P.S. Kahalgaon, Distt. - Bhagalpur
76. Asif Hossain S/O Md. Tabarak Hossain Main Road, Pakur, P.O + P.S. + Distt. -
Pakur, Jharkhand
77. Abhay Kumar S/O Abdhesh Kumar Singh At - Kisnichak, P.O. Ammapali,
P.S. Pirpainty, Distt. - Bhagalpur
78. Sunil Kumar Singh S/O Shakti Pd. Mandal At - Khankitta, P.O. + P.S. Sabour,
Distt. - Bhagalpur
79. Amarnath Paswan S/O Late Sheonarayan Paswan Vill. + P.O. Dhuabai Via -
Ekchari, P.S. Sanokhar, Distt. - Bhagalpur
80. Arun Kr. Paswan S/O Late Furo Paswan Vill. + Post - Krishandaspur, Via -
Mathurapur, P.S. Buddhuchak, Distt. - Bhagalpur
81. Umakant Misra Madhukar S/O Raghunandan Misra Anadipur, P.S. Kahalgaun,
Distt. - Bhagalpur
82. Nawal Sorain S/O Pradhan Sorain R/O Village - Gorgamma, P.S. Baunsi,
District - Banka
83. Shubhas Kr. Paswan S/O Lakahan Paswan Madarganj, Sanhola, P.S. Sanhola,
Distt. - Bhagalpur
84. Binod Kumar Bhagat S/O Late Bhaneshwer Pd. Bhagat At - Rajendra Colony,
Naugachhiya, P.S. Naugachhiya, Distt. - Bhagalpur
85. Diwakar Kumar S/O Jaykrishna Moforaj At + P.O. Singhiya Makandpur, P.S.
Gopalur, Distt. - Bhagalpur
86. Mithilesh Kumar S/O Janardan Mandal At + P.O. Abhiya Bazar, P.S.
Gopalpur, Distt. - Bhagalpur
87. Anil Kr. Das S/O Late Kulanand Das At - Chapar Diyara, P.O. Chapar, P.S.
Rangra Chowk, Distt. - Bhagalpur
88. Sanjay Kumar S/O Lt. Dayanand Mandal At Brahmasthan, P.O. + P.S.
Bariarpur, Distt. - Munger
89. Sohan Kumar S/O Arbind Kumar Sharma At Pualpur, P.S. Nathnagar, Distt. -
Bhagalpur
90. Rajesh Kr. Roshan S/O Bhagawan Mandal Patel Nagar, Sabour, P.S. Sabour,
Distt. - Bhagalpur
91. Anant Pandit S/O Bateshwar Pandit R/O Pasrha Karharia, P.S. Bath, Distt. -
Bhagalpur
92. Rajiv Ranjan S/O Pratap Narayan Singh R/O Khaira, Hwali Kharagpur, P.S.
Hwali Kharagpur, Distt. - Munger
93. Rajkumar Pandit S/O Govind Pandit Nadiyama, Gorhadih, P.S. Gorhadih,
Distt. - Bhagalpur
94. Sunil Srivastav S/O Sri Ram Lal Srivastav R/O Mohalla - Indrpuri, Barh, P.S.
Barh, Distt. - Patna
95. Alok Narayan S/O Satyanarayan Prasad Mundichak, P.S. Ishakchak, Distt. -
Bhagalpur
8 Patna High Court MJC No.613 of 2013 dt.12-05-2015
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96. Om Prakash Yadav S/O Ayodhya Gope R/O Mishra Tola, Bari Khanjarpur,
P.S. Barari, Distt. - Bhagalpur
97. Jagdish Chandra Das S/O Jaldhar Das R/O Maudi Pokhar, Bhagiya, Pipainti,
P.S. Ishipur Barahat, Distt. - Bhagalpur
98. Sunil Kr. Shukla S/O Late Visheswar Pd. Shukla At + P.O. + P.S. Mahagama,
Distt. - Godda, Jharkhand
99. Pramod Kr. Mandal S/O Arjun Das At - Barhari, P.O. Badluchak, P.S.
Gorhadih, Distt. - Bhagalpur
100. Briendra Kumar S/O Tibendra Prasad At - Belthu, P.O. Harpur, P.S.
Sahakund, Distt. - Bhagalpur
101. Sanjay Kumar S/O Late Chabbu Mandal At Ganga Karhariya, P.O. Kasipur,
P.S. Gorhadih, Distt. - Bhagalpur
102. Asit Kr. Singh S/O Prabhat Chandra Singh At + P.O. Tarar, P.S. Sanhaula,
Distt. - Bhagalpur
103. Niranjan Pd. Singh S/O Bhim Pd. Singh At - Adalpur, P.O. Madarganj, P.S.
Amdanda, Distt. - Bhagalpur
104. Jitendra Kr. Pathak S/O Late Ramnagina Pathak At + Po - Baksar, Dhoriya,
P.S. Dhoriya, Distt. - Banka
105. Triveni Kr. Singh S/O Makeshwar Pd. Singh At + P.O. Pakra, P.S. Naugachia,
Distt. - Bhagalpur
106. Sunil Kr. Singh S/O Sudhir Pd. Singh At + P.O. Mili Tola, Naugchia, P.S.
Naugchia, Distt. - Bhagalpur
107. Mithilesh Kumar S/O Janardan Mandal At + P.O. Abhiya Bazar, P.S. Gopalpur,
Distt. - Bhagalpur
108. Anand Mukesh S/O Ambika Poddar At + Po - Kharik Bazar, P.S. Kharik,
Distt. - Bhagalpur
109. Md. Fojail Nasim S/O Nasim Udin Anshari Kajwalichak, P.S. Kotwali, Distt. -
Bhagalpur
110. Anjum Iqbal S/O Kaish Ahmed Husainabad, P.S. Mojahidpur, Distt. -
Bhagalpur
111. Prabez Akhtar S/O Abas Hussain R/O Mohalla - + Mozahidpur, Distt. -
Bhagalpur
112. Md. Ansar Ulha S/O Abdul Hamir Husainabad, P.S. Mojahidpur, Distt. -
Bhagalpur
113. Abdhesh Kr. Alok S/O Upendra Pd. Mandal R/O Mohalla - Nathnagar, P.S.
Nathnagar, Distt. - Bhagalpur
.... .... Petitioners
Versus
1. The State Of Bihar, Through The Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government Of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Chitranjan Singh, Director, Primary Education Department, Govt. Of Bihar,
Patna
5. Mr. Radhe Prasad, Regional Deputy Director Of Education, Bhagalpur
6. Mr. Surya Dev Kumar Paswan, District Education Officer, Bhagalpur
7. Mr. Subhash Kumar Gupta, District Program Officer ( Establishment ),
Bhagalpur
8. Bibha Kumari, Drawing And Dishburshing Officer, Middle School, Puraini,
P.S. Jagdishpur, Distt. - Bhagalpur
9 Patna High Court MJC No.613 of 2013 dt.12-05-2015
9/36
9. Krishna Ranjan, Drawing And Dishburshing Officer, Kanya Middle School,
Gramin Kshetra, Sabour, P.S. Sabour, Distt. - Bhagalpur
10. Om Prakash Choudhary, Drawing And Dishburshing Officer, Middle School,
Ganguli Kahalgaon, P.S. Kahalgaon, Distt. - Bhagalpur
11. Raj Kumar Roy, Drawing And Dishburshing Officer, Middle School, Pirpainty
Bazar, P.S. Pirpainty, Distt. - Bhagalpur
12. Anil Kumar, Drawing And Dishburshing Officer, Middle School, Noorpur, P.S.
Nathnagar, Distt. - Bhagalpur
13. Raj Kishore Sah, Drawing And Dishburshing Officer, Middle School, Saidpur,
P.S. Gopalpur, Distt. - Bhagalpur
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5252 of 2013
IN
LPA 412 of 2003
===========================================================
1. 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.
2. Manoj Kumar Singh S/O Prem Sagar Singh R/O Vill- Akhtiyarpur, P.S-
Rajoura, P.S And Distt- Begusarai, Presently Posted At Utkramit Madhya
Vidyalaya Parra, Block- Birpur, District- Begusarai
3. Brajesh Kumar S/O Lage Ganesh Sah Presently Posted As Madhaya Vidyalaya
Makadahi, Block, Barauni, District- Begusarai.
.... .... Petitioners
Versus
1. The State Of Bihar, Through The Principal Secretary, Education Department,
Government Of Bihar, Patna, Namely Amarjit Sinha.
2. The Director, Primary Education Department, Govt. Of Bihar, Patna, Namely
Ajay Kumar Choudhary
3. The Regional Deputy Director Of Education, Munger, Namely Md. Khurshid
Alam.
4. The District Education Officer Begusarai, Namely Kumod Narayan Jha.
5. The District Program Officer, (Establishment) Begusarai, Namely Kumod
Narayan Jha.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5550 of 2013
IN
LPA 412 of 2003
===========================================================
1. Manoj Kumar S/O Lalit Kumar R/O Village + P.O. Okharia, P.S. Kawakol,
District Nawada.
2. Sanjay Kumar S/O Rajendra Prasad P.S. Gardanibagh Patna, Jhun Jhun Mahal,
New Yarpur, P.O. G.P.O., Patna, District Patna.
.... .... Petitioners
Versus
1. The State Of Bihar through the Principal Secretary, Education Department,
10 Patna High Court MJC No.613 of 2013 dt.12-05-2015
10/36
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna.,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt.
Of Bihar, Patna.
5. Mr. Laxman Singh, Regional Deputy Director of Education, Patna.
6. Mr. Arun Kumar Sharma, District Education Officer, Patna.
7. Mr. Keshav Prasad, the District Program Officer (Establishment), Patna.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5549 of 2013
IN
LPA 412 of 2003
===========================================================
1. Prem Kumar S/O Sri Siya Sharan Singh Resident Of Village Saraswati Nagar,
P.O. + Block + P.S. Bariyarpur, District Munger.
2. Azad Gautam S/O Sri Sushil Das Resident Of Mohalla Madhopur, Subhash
Chowk, P.O. Basudeopur, P.S. Kotwali, District Munger.
3. Samir Kumar Singh S/O Munnilal Mahto R/O Village Sundarpur, P.O.
Bahachowki, P.S. Dharhara, District Munger.
.... .... Petitioners
Versus
1. The State Of Bihar through the Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt.
Of Bihar, Patna.
5. The Regional Deputy Director of Education, Munger, Namely Mr. Khurshid
Alam.
6. The District Educatio Officer, Munger, Namely Mr. Arun Kr. Kunwar.
7. The District Program Officer (Establishment), Munger, Namely Mr. Ajay
Kumar Singh.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5548 of 2013
IN
LPA 412 of 2003
===========================================================
1. Ranjan Kumar S/O Late Sachchida Nand Singh R/O Bharadwaj Nagar, Mohan
Eghu, P.S. Mufassil (Begusarai), District Begusarai.
2. Shyam Kishore Jha S/O Late Roop Narayan Jha R/O Village Chak, P.O.
Chitrour, P.S. Matihani, District Begusarai.
.... .... Petitioners
11 Patna High Court MJC No.613 of 2013 dt.12-05-2015
11/36
Versus
1. The State Of Bihar Through The Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna.,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government Of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt.
Of Bihar, Patna.
5. Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.
6. Mr. Kumud Narayan Jha, District Education Officer, Begusarai.
7. The District Program Officer (Establishment), Begusarai, Namely Mr. Mukesh
Kumar Mukul.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5547 of 2013
IN
LPA 412 of 2003
===========================================================
1. Dhananjay Kumar S/O Jai Jai Ram Jha R/O Village Amraur, P.O. Singhaul,
P.S. Muffasil, District Begusarai.
2. Ram Balak Mahto S/O Late Mansukh Mahto R/O Ward No. 11, Mohalla
Nagdah, P.O. Begusarai Nagar Nigam, District Begusarai.
3. Prakash Ranjan Roy S/O Parmanand Roy R/O Village Malhipur, P.O.
Maheshpur, P.S. Bhagwanpur, District Begusarai.
4. Kishor Kumar S/O Late Babulal Poddar R/O Village + P.O. Rajoura, District
Begusarai.
5. Ramanand S/O Sri Dharnidhar Mahto R/O Village + P.O. Banwaripur, P.S.
Bhagwanpur, District Begusarai.
6. Dhawal Kishor S/O Late Ram Bahadur Rajak R/O Village + P.O. Tilrath,
District Begusarai.
7. Ashok Kumar Dass S/O Ramdeo Dass R/O Village Baro Rampur Naya Tola,
P.O. Bro, P.S. Barauni, District Begusarai.
8. Ram Chandra Yadav S/O Sukdeo Yadav R/O Village Pahsara, P.O. Pahsara
Babhangama, District Begusarai.
9. Md. Rayees Uddin S/O Md. Yunus R/O Village Damodarpur, P.O. Pasopur,
P.S. Bhagwanpur, District Begusarai.
10. Karmashil Pd. Purnima S/O Dinanath Roy R/O Village + P.O. Suryapura, P.S.
Bhagwanpura, District Begusarai.
11. Pramod Kumar Sah S/O Ram Sah R/O Village + P.O. Dadpur Via Teghra,
District Begusarai.
12. Raj Kumar Sah S/O Natho Sah R/O Village + P.O. Manopur Via Bachwara,
District Begusarai.
13. Narendra Kumar S/O Sri Mahendra Prasad Sharma R/O Village + P.O. Ninga,
P.S. Barauni, District Begusarai.
14. Ved Prakash S/O Ram Udgar Choudhary R/O Village Shokhara-2 Kalambaagh,
P.O. Barauni, Block Teghara, P.S. Phulwaria, District Begusarai.
15. Nawin Kumar S/O Ramashrya Singh R/O Village Nipania, P.O. Barauni, Block
Teghara, P.S. Phulwaria, District Begusarai.
16. Ranjeet Kumar Sharma S/O Nato Sharma R/O Village Nipania, P.O. Barauni,
12 Patna High Court MJC No.613 of 2013 dt.12-05-2015
12/36
Block Teghara, P.S. Phulwaria, District Begusarai.
17. Tarkeshwar Singh S/O Baikunth Prasad Singh R/O Village Murli, P.O.
Bhawanipur, Block Rangra, P.S. Rangra, District Bhagalpur.
18. Indradeo Singh S/O Kailash Singh R/O Village Amarpur, P.O. Amarpur, Block
Barauni, P.S. Barauni, District Begusarai.
19. Binod Kumar Singh S/O Ram Sewak Singh R/O Village Nayanagar Dularpur,
P.O. Nayanagar Dularpur, Block + P.S. Teghra, District Begusarai.
20. Manoj Kumar S/O Ram Balak Thakur R/O Village Daniyalpur, P.O. Teghra,
Block Teghra, P.S. Teghra, District Begusarai.
21. Amit Kumar S/O Ram Baran Singh R/O Village Kamrain, P.O. Chakbedolia,
Block Bibhutipur, P.S. Bibhutipur, District Samastipur.
22. Dinesh Choudhary S/O Vishundeo Choudhary R/O Village Pakthoul, P.O.
Khizirchak, Block Teghra, P.S. Teghra, District Begusarai.
23. Awadhesh Kumar S/O Ramnandan Yadav R/O Village Jindpur, P.O. Fajilpur,
Block Birpur, P.S. Birpur, District Begusarai.
24. Satish Kumar Singh S/O Ram Badan Singh R/O Village Bajalpura, P.O.
Teghra, Block Teghra, P.S. Teghra, District Begusarai.
25. Rajendra Poddar S/O Jai Prakash Poddar R/O Village Mokhtiyarpur, P.O.
Mokhtiyarpur, Block Bhagwanpur, P.S. Bhagwanpur, District Begusarai.
26. Rajesh Keshari S/O Dhaneshwar Prasad R/O Village Shokhara-2, P.O. Barauni,
Block Teghra, P.S. Phulwaria, District Begusarai.
27. Shashi Kumar @ Shashi Kumar 'Pawan' S/O Tarni Prasad R/O Village
Dasrathpur, P.O. + Block + P.S. Mansoorchak, District Begusarai.
28. Vinay Kumar S/O Satyanarayan Sah R/O Purani Bazar Teghra, P.O. Teghra,
Block Teghra, P.S. Teghra, District Begusarai.
29. Maoj Kumar Choudhary S/O Ramavtar Mandal R/O Village Chakballi, P.O.
Noorpur, Block Barauni, P.S. Barauni, District Begusarai.
30. Md. Shamsher Alam S/O Md. Ayub R/O Village Ratgaon, P.O. Nayanagar,
Block Teghra, P.S. Teghra, District Begusarai.
31. Shambhu Prasad Singh S/O Kapildeo Singh R/O Village Madhurapur, P.O.
Madhurapur-3, Block Teghra, P.S. Teghra, District Begusarai.
32. Nayeem Akhtar S/O Md. Suleman R/O Village Daniyalpur (Gate No. 12), P.O.
Teghra, Block Teghra, P.S. Teghra, District Begusarai.
33. Sanjay Kumar S/O Deokinandan Prasad R/O Village Teghra, P.O. Teghra,
Block Teghra, P.S. Teghra, District Begusarai.
34. Md. Khalid Hussain Ansari S/O Md. Muslim R/O Village Takia, P.O. Takia
Dadpur, Block Bhagwanpur, P.S. Bhagwanpur, District Begusarai.
35. Amresh Kumar S/O Ram Bachan Pandit R/O Village Shokhara-2 Uchha Tola,
P.O. Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.
36. Anil Kumar Choudhary S/O Hiralal Choudhary R/O Village Teghra Ganj
Goriyari, P.O. Teghra, Block Teghra, P.S. Teghra, District Begusarai.
37. Nawal Kishor Suman S/O Sukhdeo Ram R/O Village Dularpur, P.O. Dularpur,
Block Teghra, P.S. Teghra, District Begusarai.
38. 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).
39. 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.
40. Arun Kumar Ram S/O Anandi Ram R/O Village Dularpur, P.O. Dularpur,
Block Teghra, P.S. Teghra, District Begusarai.
41. Rajesh Kumar Choudhary S/O Surendra Choudhary R/O Village Phulwaria-2,
P.O. Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.
13 Patna High Court MJC No.613 of 2013 dt.12-05-2015
13/36
42. Vijay Kumar S/O Baleshwar Yadav R/O Village Pipra Devas, P.O. Pipra
Dewas, Block Barauni, P.S. Barauni, District Begusarai.
43. Sunil Kumar Sinha S/O Maheshwar Prasad R/O Village Phulwaria-3, P.O.
Barauni, Block Teghra, P.S. Phulwaria, District Begusarai.
44. Bhawesh Kumar Sharma S/O Late Chandra Mauli Sharma R/O Village + P.O.
Meghaul, P.S. Khodabandpur, District Begusarai.
45. Harimohan Prasad Rai S/O Ram Sakal Rai R/O Village Maujithansingh, P.S.
Garhpura, District Begusarai.
.... .... Petitioners
Versus
1. The State Of Bihar Through The Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna.,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government Of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt.
Of Bihar, Patna.
5. Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.
6. Mr. Kumud Narayan Jha, District Education Officer, Begusarai.
7. The District Program Officer (Establishment), Begusarai, Namely Mr. Mukesh
Kumar Mukul.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5830 of 2013
IN
LPA 412 of 2003
===========================================================
1. Sheo Shankar Prasad Singh S/O- Late Shuam Kishor Singh Village Sultanpur,
P.O- Hasauri, P.S+ District - Shekhpura.
2. Ram Sevak Kumar S/O Ram Nath Singh R/O Village + P.O. Barahiya, P.S.
Barahiya, District Lakhisarai.
3. Ajay Kumar Singh S/O Late Saryug Prasad Singh R/O Village Jagdishpur, P.O.
+ P.S. Surajgarha, District Lakhisarai.
4. Manikant Lal Deo S/O Sri Rameshwar Lal Deo R/O Village Turki, P.O.
Mahuli, Via - Bahera, P.S. Bahera, District Darbhanga.
5. Ashutosh Ranjan S/O Sri Devendra Prasad Singh R/O Village + P.O. Sinuara,
P.S. Bahadurpur, District Darbhanga.
6. Md. Imran S/O Md. Idris R/O Mohalla Manharan Lal, P.O. Lalbagh, P.S. Town,
District Darbhanga.
.... .... Petitioners
Versus
1. The State Of Bihar Through The Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretriat, Government Of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt.
Of Bihar, Patna.
14 Patna High Court MJC No.613 of 2013 dt.12-05-2015
14/36
5. Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.
6. Mr. Basant Kumar, District Education Officer, Lakhisarai.
7. Mr. Dinesh Kumar Chaudhary, District Program Officer (Establishment),
Lakhisarai.
8. Mr. Krishna Kumar Sharma, Regional Deputy Director Of Education,
Darbhanga.
9. Mr. Ram Sagar Singh, District Education Officer, Darbhanga.
10. Mr. Mahesh Prasad Singh, District Program Officer (Establishment),
Darbhanga.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5551 of 2013
IN
LPA 412 of 2003
===========================================================
1. Ramendra Kumar Raman S/O Late Ramavatar Paswan R/O Village Behat, P.O.
Mangalgarh, P.S. Singhia, District Samastipur.
2. Sikandar Kumar Paswan S/O Sri Jai Kishore Paswan R/O Somdipee, P.O
Dhabauli, P.S. Mufassil, District Begusarai.
3. Srikrishna Das S/O Sant Lal Das R/O Village Khamhar, Bahachowki, P.S.
Mufassil, District Begusarai.
4. Rmjiwan Paswan S/O Tej Narayan Paswan R/O Bagha, Ward No. 24, P.O.
Suhirdnagar, P.S. Mufassil, District Begusarai.
5. Hare Ram Rajak S/O Hriday Narayan Rajak R/O Baghi, Ward No 11, P.O.
Suhirdnagar, P.S. Mufassil, District Begusarai.
6. Sanjeev Kumar S/O Late Anup Lal Das R/O Village Katharia, P.O.
Khideerchak, P.S. Barauni, District Begusarai.
7. Om Prakash S/O Ram Charitra Rajak R/O Hardia, P.O. Chilmil, Via Rajaura,
P.S. Mufassil, District Begusarai.
8. Moti Lal Rajak S/O Rajendra Rajak S/O Mosadpur, P.O. Tilrath, P.S. Barauni,
District Begusarai.
9. Mithilesh Kumar S/O Sri Upendra Kumar R/O Village Hanuman Nagar,
Paharpur, P.S. Baliya, District Begusarai.
10. Ravi Prakash Suman S/O Jageshwar Choudhary R/O Village + P.O. Ninga,
Baluara, P.S. Barauni, District Begusarai.
11. Kumari Punam D/O Late Kailash Prasad R/O Village + P.O. Papraur, P.S.
Barauni, District Begusarai.
12. Narendra Kumar Sahni S/O Kamal Sahni R/O ........., P.S. .................., District
..............
13. Chande Lal Tuddu S/O Sri Shukhdeo Choudhary R/O Village Jotaily, P.O.
Rahuwai, P.S. Bihariganj, District Begusarai.
14. Sanjay Kumar Singh S/O Sri Nand Kishore Singh R/O Village + P.O.
Bikrampur, P.S. Cheria Bariarpur, District Begusarai.
15. Manohar Choudhary S/O Sri Ram Sevak Choudhary R/O Village Mehan, P.O.
+ P.S. Dandari, District Begusarai.
16. Upendra Ram S/O Late Doman Ram R/O Village + P.O. Ahiyapur, P.S. And
Block Mansurchak, District Begusarai.
17. Bisheshwar Paswan S/O Sri Ram Nandan Paswan R/O Village Arba, P.O. +
P.S. Bachhwara, District Begusarai.
18. Prem Kumar S/O Sri Wakil Rajak R/O Village + P.O. Bahdarpur Rampur
15 Patna High Court MJC No.613 of 2013 dt.12-05-2015
15/36
Matihani, P.S. Mufassil, District Begusarai.
19. Blaeshwar Ram S/O Late Jhingur Ram R/O Village Bujurwabad, P.O.
Kumharso, P.S. Garhpura, District Begusarai.
20. Manoj Kumar S/O Sri Bhola Mahto R/O Samastipur, P.O Lakhanpur, P.S.
Bhagwanpur, District Begusarai.
.... .... Petitioners
Versus
1. The State Of Bihar Through The Principal Secretary, Education Department,
Govt. Of Bihar, Patna, Namely Mr. Amarjit Sinha, I.A.S.
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna.,
Namely Mr. Rameshwar Singh, I.A.S.
3. The Principal Secretary, Department Of Cabinet Secretariat, Government Of
Bihar, Patna, Namely Mr. Brajesh Kumar, I.A.S.
4. Mr. Ajay Kumar Choudhary, Director, Primary Education Department, Govt.
Of Bihar, Patna.
5. Mr. Khurshid Alam, Regional Deputy Director Of Education, Munger.
6. Mr. Kumud Narayan Jha, District Education Officer, Begusarai.
7. The District Program Officer (Establishment), Begusarai, Namely Mr. Mukesh
Kumar Mukul.
.... .... Respondents
with
===========================================================
Miscellaneous Jurisdiction Case No. 5947 of 2013
IN
LPA 412 of 2003
===========================================================
1. 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.
2. 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.
.... .... Petitioners
Versus
1. The State Of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna Namely Amarjit Sinha.
2. The Director, Primary Education Department, Govt. Of Bihar, Patna Namely
Ajay Kumar Choudhary.
3. The Regional Deputy Director of Education, Munger, Namely Mr. Khurshid
Alam.
4. Mr. Kumud Narayan Jha, District Education Officer, Begusarai.
5. Mr. Mukesh Kumar Mukul, the District Program Officer (Establishment),
Begusarai.
6. The Treasury Officer, Begusarai Namely Mr. Devendra Kumar.
.... .... Respondents
===========================================================
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)
16 Patna High Court MJC No.613 of 2013 dt.12-05-2015
16/36
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
and
HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH
C.A.V. JUDGMENT
(Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH)
Date: 12-05-2015
17 Patna High Court MJC No.613 of 2013 dt.12-05-2015
17/36
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.
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.
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
18 Patna High Court MJC No.613 of 2013 dt.12-05-2015
18/36
Teachers Appointment Rules, 1991, (hereinafter referred to as
„1991 Rules‟) were framed under Article 309 of the
Constitution.
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:
^^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
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 %&
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
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
19 Patna High Court MJC No.613 of 2013 dt.12-05-2015
19/36
nh tk;sxh A
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
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 **
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 non-
existent 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.
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.
20 Patna High Court MJC No.613 of 2013 dt.12-05-2015
20/36
7. A wide protest erupted against the
recommendation of the 2nd 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.
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 21 Patna High Court MJC No.613 of 2013 dt.12-05-2015 21/36 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.
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.
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.
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:
"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 22 Patna High Court MJC No.613 of 2013 dt.12-05-2015 22/36 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 23 Patna High Court MJC No.613 of 2013 dt.12-05-2015 23/36 passed in the first attempt."
(Emphasis supplied by us)
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:
"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."
(Emphasis supplied by us) 24 Patna High Court MJC No.613 of 2013 dt.12-05-2015 24/36
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.
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. 25 Patna High Court MJC No.613 of 2013 dt.12-05-2015 25/36
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.
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 in- service training examination nor does it mention whether the writ petitioner had passed in-service examination in first or second attempt.
17. The Batch of Contempt applications can be 26 Patna High Court MJC No.613 of 2013 dt.12-05-2015 26/36 bracketed in three categories as under:
1. 1st Category (94 Batch-1st attempt)
1. M.J.C. No. 613 of 2013 (Chandra Kant)
2. MJC No.5947 of 2013 (Binay Kumar)
2. 2nd Category (Post 94 Batch-1st 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)
3. 3rd 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)
18. The respondent State has filed its show 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,
27 Patna High Court MJC No.613 of 2013 dt.12-05-2015 27/36 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:
"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 28 Patna High Court MJC No.613 of 2013 dt.12-05-2015 28/36 herein below:
"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."
29 Patna High Court MJC No.613 of 2013 dt.12-05-2015 29/36
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:
"(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.
(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.
(c) That the rest of the conditions laid down in Resolution no.
790 dated 29/07/11 would remain intact."
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 30 Patna High Court MJC No.613 of 2013 dt.12-05-2015 30/36 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.
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:
"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, 31 Patna High Court MJC No.613 of 2013 dt.12-05-2015 31/36 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.
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."
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:
(i) The benefit of L.P.A. No.412 of 2003 would be available to appointees uptil 2000 provided that 32 Patna High Court MJC No.613 of 2013 dt.12-05-2015 32/36 they had cleared the in-service training;
(ii) Such appointees would be entitled to the benefit given in L.P.A. No.412 of 2003 if they had cleared the in-service examination by June, 2005;
(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.
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.
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. 33 Patna High Court MJC No.613 of 2013 dt.12-05-2015 33/36 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.
25. The first two categories of contempt applications, for the sake of convenience, are taken up together for consideration.
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 in- service 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.
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 34 Patna High Court MJC No.613 of 2013 dt.12-05-2015 34/36 interpreted by the Division Bench in L.P.A. No. 1459 of 2013 and analogous appeals decided on 03.01.2014.
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.
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.
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 35 Patna High Court MJC No.613 of 2013 dt.12-05-2015 35/36 compartmental examination would form part of first attempt of examination or would constitute second attempt.
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.
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.
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.
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 36 Patna High Court MJC No.613 of 2013 dt.12-05-2015 36/36 passed their compartmental examination after June, 2005. These contempt proceedings shall also, therefore, stand accordingly disposed of.
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.
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.
(Samarendra Pratap Singh, J.)
I. A. Ansari, J: I agree.
Uday/- (I. A. Ansari, J.)
U √ T X