Jharkhand High Court
Awadh Bihar Mishra And Ors vs The State Of Jharkhand And Ors on 31 July, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
CMP No. 114 of 2015
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1.Awadh Bihari Mishra
2.Umesh Kumar
3.Anil Tiwari
4.Ashok Kumar Dubey
5.Yogendra Nath Choubey ... ... Petitioners
-Versus-
1.The State of Jharkhand
2.Sri J.B.Tubid, Secretary Human Resources Department, Jharkhand, Ranchi
3.Sri Prakash Chandra Mishra, Director, Primary Education, HRD, Ranchi
4.Sri Karnaliyas Ekka, Deputy Commissioner, Garhwa
5.Md. Kayamuddin, District Superintendent of Education, Garhwa
... ... Opp.Parties
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CORAM :HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioners :Mr.Rajiv Ranjan
For the Opp.Parties :Mr. Vineet Prakash, JC to SC (L & C)
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04- 31.07.2015 Learned counsel for the petitioners is permitted to remove the surviving
defects during course of the day.
The petitioners in the instant petition seek restoration of Contempt Case
(Civil) No. 536 of 2008 which was disposed of on 20.02.2015. In the prayer
portion of the instant petition it is wrongly stated that it was dismissed.
Be that as it may, from perusal of the order dated 20.02.2015, it appears
that on the filing of the show-cause containing the reasoned order dated
16.03.2013passed in compliance of the direction contained in the writ petition, this Court did not find that there is any willful disobedience of the order under offence. The contempt petition was accordingly disposed of.
Counsel for the petitioners submitted that petitioners would be entitled to the higher grade i.e. Grade-IV and Grade-VII, which was not allowed.
From perusal of the order under offence, it appears that a direction was only to the extent that the petitioners are entitled to get Grade-I scale from the date of their joining i.e. 29.10.1994. There is no specific direction contained therein to grant Grade-IV and Grade-VII scale. In the show-cause of the opposite parties, they have also indicated that after preparation of gradation list only, consideration for grant of higher grade could be made.
Having considered the submissions of the parties in the light of the aforesaid facts, no case for restoration of the contempt petition is made out. If the petitioners have any grievance by the reasoned order, they may have the 2. liberty to challenge the same in appropriate proceeding. This CMP is accordingly dismissed.
(Aparesh Kumar Singh, J. ) Pandey