Patna High Court
Nawal Kishore Prasad Singh vs The State Of Bihar Through Sri Vijay Pr on 11 January, 2017
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2968 of 2015
IN
Civil Writ Jurisdiction Case No. 23005 of 2011
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1. Ram Yash Sah S/o Late Yogeshwar Sah, R/o Village - Rambhelahi, P.s. -
Parihar, District - Sitamarhi. At present posted as Electrical Junior Engineer,
Electrical Works Section, Chhapra under Electrical Works Division, Building
Construction Department, Combined Building, Muzaffarpur.
2. Rama Kant Singh, S/o Late Gupteshwar Singh, R/o Village - Kapasia, P.s. -
Kandawa, District - Chandauli, State of U.P. at Present posted as Electrical
Junior Engineer, Electrical Works Section, Saharsa under Electrical Works
Division, Building Construction Department, Laheria Sarai, Darbhanga.
3. Raj narayan Upadhaya S/o Late Baidya Nath Upadhaya, r/o Village - Kazipura,
P.S. - Doriganj, District - Chapra. At Present Posted as Electrical Junior
Engineer, Electrical Works Section, Darbhanga under Electrical Works
Division, Building Construction Department, Laheria Sarai, Darbhanga.
4. Kaushal Kishor mandal, S/o Late Dahogi Mandal, r/o Village - Kamal nagar
Colony, P.S. - Mojahitpur, District - Bhagalpur. Superannuated from the post of
Electrical Junior Engineer, Electrical Estimating Division No. 2, Patna presently
reorganized Electrical Works Division, Building Construction Department,
Laheria Sarai, Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar through Sri Anjani Kumar Singh The Chief Secretary Govt.
of Bihar, Patna.
2. Sri Ravi Mittal, The Principal Secretary, Department of Finance, old Secretariat,
Bihar, Patna.
3. Sri Sudhir Kumar Rakesh, The Principal Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
4. Sri Rameshwar Prasad Das, Deputy Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
5. Sri Vijay Prakash, the Agriculture Production Commissioner, Department of
Agriculture, New Secretariat, Patna, Bihar.
6. Sri Pratyaya Amrit, the Secretary, Energy Department, 8 Daroga Rai Path,
Patna - 1.
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
2
7. Dr. Deepak Prasad, the Principal Secretary, Building Construction Department,
Bisheshraiya Bhawan, Bailey Road, Patna.
8. Sri Ashok Kumar Suman, the Joint Secretary, Building Construction
Department, Bisheshraiya Bhawan, Bailey Road, Government of Bihar, Patna.
9. Sri Budha Bhatti Karikay Dhanji, The Administrator, Bihar State Agriculture
Marketing Board (Dissolved), Pant Bhawan, Bailey Road, Patna.
.... .... Respondent/s
with
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Miscellaneous Jurisdiction Case No. 2997 of 2015
IN
Civil Writ Jurisdiction Case No. 6156 of 2011
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1. Mithilesh Kumar S/o Late Mathura Sharma, Resident of Village - Sultanpur,
P.S. - Hulasganj, District - Jehanabad. Superannuated from the post of Head
Clerk, While posted in Sub - Divisional Agriculture Office (Extension), Hilsa,
District - Nalanda.
2. Braj Bhushan Singh, S/o Late Gaya Prasad Singh, R/o Girija Nagar, Suresh
Colony, P.O. and P.S. Sadar, Hazaribagh, District - hazaribagh. At Present
posted as Head Clerk, in the office of District Agriculture Office, Patna.
3. Bhupendra Narayan Singh, S/o Rameshwar Prasad Singh, R/o Village -
Maldiyarpur Tola (Mokamah), P.S. - Mokamah, District -patna, At present
posted as Head Clerk, in the Sub - Divisional Agriculture Office, Barh, patna.
4. Dilip Kumar Sinha, S/o Late Tapeshwar Prasad Sinha, At + P.O. - Farbisganj,
Mohalla - Post Office Chouk, District- Araria, Superannuated from the post of
Head Clerk, while posted in the office of Sub - Divisional Agriculture (General)
Office, Hilsa (Nalanda).
5. Ram Raja Prasad, S/o Late Ganesh Prasad, R/o Village - Torwa, P.S. -
Jharaukhar (Ghorasahan), District - East Champaran, At present posted as Head
Clerk in Sub - Divisional Agriculture Office, Mithapur, Patna.
6. Amrendra Kumar, S/o Late Bundi Ram, At+ P.O. Wazirganj, District - Gaya,
Superannuated from the post of Head Clerk while posted in the Office of
Project Executive Officer, Kasba, District - Purnea.
7. Satya Narayan Sharma, S/o Late Singheshwar Singh, R/o Village - Mokamah
(Sakarwar Tola), P.S. - Mokamah, District Patna. Superannuated from the post
of Head Clerk while posted in the Office of Project Executive Officer, Katihar.
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
3
8. Ram Babu Singh, S/o Late Gorakh Singh, R/o Village - Mohanpur, Via -
Rajaura, Mufasil, Begusarai, District - Begusarai. Superannuated from the post
of Head Clerk while posted in Sub - Divisional Agricutlure Office,
Dalsingsarai.
9. Dinkar Jha, S/o Late Vedanand Jha, R/o Village - Bhawanipur, Vaya -
naugachhia, District - Bhagalpur. Superannuated from the post of Head lerk
while posted in, Sub - Divisional Agriculture Office, District - Bhojpur.
10. Sanjeev Kumar - 1, S/o Late Nand Kumar Prasad, Flat No. 1-2, Block - A,
Paradise Apartment, new Aria, Kadamkuan, District - patna, At present posted
as Head Clerk in the Joint Director Office, Patna.
11. Sanjeev Kumar - II, S/o Late Arjun Prasad, R/o Village - Fatahpur, P.O. &
P.S. - Gogir Jamalpur, District - Khagaria, At present posted as Head Clerk, in
Sub - Divisional Agriculture Office, District - Patna.
12. Lalan Prasad, S/o Late Ram Nath Prasad, At - Sandha Khewaji Tola, P.O. -
Sandha, District - Saran (Chapra), At present posted as Head Clerk, Sub -
Divisional Agriculture Office, Chhapra, District - Saran.
13. Rabindra Kumar, S/o Late Mathura Prasad, At Mandiri, Post G.P.O. P.S.
budha Colony, District - Patna, Superannuated from the post of Head Clerk
while posted in the office of Joint Director Agriculture, Patna.
14. Binod Prasad Saha, S/o Dhan Lal Sah, r/o Village - Tikapur, P.S. - Kasba,
District - Purnea, Superannuated from the post of Head Clerk while posted in
the office of Project Exeuctive Officer, Korha, District - Katihar.
15. Bhubneshwar Lal Mandal, S/o Late Arjun Lal Mandal, At + P.S. - Kasba,
District - Purnea. Superannuated from the post of Head Clerk while posted in
Project Exeuctive Officer, Araria, District - Araria.
16. Md. Sarif, S/o Late Abdul Kasim, At present posted as Head Clerk, Sub -
Divisional Agriculture Office (General), Sitamarhi. Superannuated from the
post of Head Clerk while posted in the Sub - Divisional Office, Sitamarhi.
17. Indra Kant Jha, S/o Late Ram Chandra Jha, At + P.O. Gohardiha, District -
Madhubani. Superannuated from the post of Head Clerk, while working in the
office of Joint Director Agriculture, Gaya.
18. Jintendra Pandey, S/o Late Haribansh Pandey, R/o Village - Daud Nagar,
District - Aurangabad. At present retired as Head Clerk, Project Extension
Office, Mohania, District - Kaimur.
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
4
.... .... Petitioner/s
Versus
1. The State of Bihar Through Sri Anjani Kumar Singh The Chief Secretary Govt.
of Bihar Patna
2. Sri Vijay Prakash, the Agriculture Production Commissioner, Department of
Agriculture, New Secretariat, Patna, Bihar.
3. Sri Ravi Mittal, The Principal Secretary, Department of Finance, Old
Secretariat, Bihar, Patna.
4. Sri Sudhir Kumar Rakesh, The Principal Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
5. Sri Sudhir Kumar, The Secretary, Department of Agriculture, New Secretariat,
Bihar, Patna.
6. Sri Rameshwar Prasad Das, Deputy Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
.... .... Respondent/s
with
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Miscellaneous Jurisdiction Case No. 3421 of 2015
IN
Civil Writ Jurisdiction Case No. 4452 of 2012
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1. Mahesh Prasad Singh S/o Late Ramdeo Singh R/o Village - Birahima, P.S.
Baruraj, Distt - Muzaffarpur. At present posted as Electrical Junior Engineer,
Building Construction Department, Motihari, in Electrical Works Division,
Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar through Sri Vijay Prakash the Agriculture Production
Commissioner Department of Agriculture, New Secretariat, Patna, Bihar.
2. Sri Ravi Mittal, The Principal Secretary, Department of Finance, Old
Secretariat, Bihar, Patna.
3. Sri Sudhir Kumar Rakesh, The Principal Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
4. Sri Pratyaya Amrit, the Secretary, Energy Department, 8, Daroga Rai Path,
Patna - 1.
5. Dr. Deepak Prasad, the Principal Secretary, Building Construction Department,
Bishweshwaraiya Bhawan, Bailey Road, Patna.
6. Sri Budha Bhatti Karikay Dhanji, The Administrator, Bihar State Agriculture
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
5
Marketing Board (dissolved), Pant Bhawan, Bailey Road, Patna.
.... .... Respondent/s
with
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Miscellaneous Jurisdiction Case No. 71 of 2016
IN
Civil Writ Jurisdiction Case No. 21887 of 2012
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1. Tula Kant Jha, S/O Late Rajeshwar Jha, R/o Village - Nawkarhi, P.S. Benipatti,
Dist- Madhubani. At present posted as Assistant Engineer in Rural Works
Departrment, Works Division- Imamganj, Distt- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar through Sri Vijay Prakash the Agriculture Production
Commissioner Department of Agriculture, New Secretariat, Patna, Bihar.
2. Sri Ravi Mittal, The Principal Secretary, Department of Finance, Old
Secretariat, Bihar, Patna.
3. Sri Sudhir Kumar Rakesh, The Principal Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
4. Sri Arun Kumar Singh, The Principal Secretary, Road Construction
Department, Bishesharaiya Bhawan, Bailey Road, Patna.
5. Sri Vinay Kumar, The Principal Secretary, Rural Works Department,
Bishesharaiya Bhawan, Bailey Road, Patna.
6. Sri Budha Bhatti Karikay Dhanji, The Administrator, Bihar State Agriculture
Marketing Board (dissolved), Pant Bhawan, Bailey Road, Patna.
.... .... Respondent/s
with
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Miscellaneous Jurisdiction Case No. 3204 of 2015
IN
Civil Writ Jurisdiction Case No. 4452 of 2012
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1. Ram Surat Singh S/O Late Shankar Singh R/O Village- Chhitratand, P.S.-
Chenari, District- Rohtas, At Present Posted As Assistant Engineer, In The
Office Of Executive Engineer, Rural Works Department, Work Division,
Dhanka, East Champaran.
2. Suresh Prasad Singh S/O Late Uchit Narayan Yadav R/O Village- Keshuli,
P.S.- Benipatti, District- Madhubani, At Present Posted As Assistant Engineer,
In The Office Of Executive Engineer, Rural Works Department, Work Division
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
6
Darbhanga.
3. Sudama Sharma S/O Late Birda Sharma R/O At + P.O.- Thakuri, P.S.- Paliganj,
Distt.- Patna, At Present Posted As Assistant Engineer, In The Office Of
Executive Engineer, Building Construction Department, Works Division, Ara.
4. Nirankar Malviya S/O Late Hargauri Tiwari R/O At + P.O.- Mahdeo Simaria,
P.S.- Sikandra, Distt.- Jamui, At Present Posted As Assistant Engineer, In The
Office Of Executive Engineer, Local Engineering Organization, Division
Chhapra.
5. Bijendra Prasad Singh Yadav S/O Late Mangal Prasad Singh Yadav R/O At +
P.O.- Amari, P.S.- Dharhara, District- Munger, At Present Posted As Assistant
Engineer, In The Office Of Executive Engineer, Rural Works Department,
Work Division Jehanabad.
6. Anand Gopal S/O Late Ram Bahadur Mishra R/O Village- Pachamba, P.S. &
District- Begusarai, At Present Posted As Assistant Engineer, in the office of
Executive Engineer, Rural Works Department, Lakhisarai.
7. Karamchand Sah S/O Late Dwadashi Sah R/O Village- Tekniwash, P.O.-
Kachnar, P.S.- Revilganj, District- Chapra (Saran), Supernnated from the post
of Assistant Engineer, while posted in the office of Executive Engineer, Rural
Works Department, Work Division, Ara.
.... .... Petitioner/s
Versus
1. The State of Bihar Through Sri Vijay Prakash The Agriculture Production
Commissioner, Department of Agriculture, New Secretariat, Patna, Bihar.
2. Sri Ravi Mittal, The Principal Secretary, Department of Finance, Old
Secretariat, Bihar, Patna.
3. Sri Sudhir Kumar Rakesh, The Principal Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
4. Sri Arun Kumar Singh, The Principal Secretary, Road Construction
Department, Bishesharaiya Bhawan, Bailey Road, Patna.
5. Sri Vinay Kumar, The Principal Secretary, Rural Works Department,
Bishesharaiya Bhawan, Bailey Road, Patna.
6. Sri Budha Bhatti Karikay Dhanji, The Administrator, Bihar State Agriculture
Marketing Board (Dissolved), Pant Bhawan, Bailey Road, Patna.
.... .... Respondent/s
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
7
with
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Miscellaneous Jurisdiction Case No. 3206 of 2015
IN
Civil Writ Jurisdiction Case No. 3036 of 2012
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1. Nawal Kishore Prasad Singh Son Of Late Prasadi Mandal Resident Of Village -
Mozaffara, Bardih, P.S. Islampur, District - Nalanda, At Present Posted As
Assistant Engineer in the Building Construction Department, Sub-Division-II,
Bettiah.
.... .... Petitioner/s
Versus
1. The State of Bihar Through Sri Vijay Prakash, The Agriculture Production
Commissioner, Department of Agriculture, New Secretariat, Patna, Bihar.
2. Sri Ravi Mittal, The Principal Secretary, Department Of Finance , Old
Secretariat, Patna, Bihar
3. Sri Sudhir Kumar Rakesh, The Principal Secretary, Samanaya Prashasan
Department, Old Secretariat, Patna, Bihar.
4. Sri Arun Kumar Singh, The Principal Secretary, Road Construction
Department, Bishesharaiya Bhawan, Bailey Road, Patna.
5. Dr. Deepak Prasad, The Principal Secretary, Building Construction Department,
Bisheshraiya Bhawan, Bailey Road, Patna.
6. Sri Budha Bhatti Karikay Dhanji, The Administrator, Bihar State Agriculture
Marketing Board (Dissolved), Pant Bhawan, Bailey Road, Patna.
.... .... Respondent/s
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Appearance :
(In MJC No. 2968 of 2015)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Jai Prakash Verma, Adv.
For the Respondent/s : Mr. S.K. Sharma-GA-1
(In MJC No. 2997 of 2015)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Jai Prakash Verma, Adv.
For the Respondent/s : Mr. V.k. Singh, GA-3
(In MJC No. 3421 of 2015)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Jai Prakash Verma, Adv.
For the Respondent/s : Mr. Nirbhay K.Singh, Adv.
(In MJC No. 71 of 2016)
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
8
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Jai Prakash Verma, Adv.
For the Respondent/s : Mr. Harish Kumar GP-32
(In MJC No. 3204 of 2015)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Jai Prakash Verma, Adv.
For the Respondent/s : Mr. Nirbhay K.Singh, Adv.
(In MJC No. 3206 of 2015)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Jai Prakash Verma, Adv.
For the Respondent/s : Mr. Harish Kumar GP-32
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL JUDGMENT
Date: 11-01-2017
Heard Mr. Y.V. Giri, learned senior counsel and Mr. J.P.
Verma, learned counsel appearing on behalf of the petitioners in all
the contempt applications.
In all the present contempt applications, the prayer has
been made for initiating a contempt proceeding against the opposite
parties alleging wilful disobedience of the directions as contained in
the judgment dated 22.05.2015 passed in C.W.J.C. No. 4452 of 2012
and analogous writ applications.
C.W.J.C. No. 4452 of 2012 along with the analogous writ
applications were heard together and by judgment dated 22.05.2015
all the writ applications were allowed with directions. From the
perusal of the judgment passed in the aforesaid writ applications, it
transpires that the writ petitioners were officers/employees of
erstwhile Bihar State Agricultural Marketing Board which stood
dissolved by the Bihar Agriculture Produce Market (Repeal) Act,
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
9
2006. The petitioners were aggrieved by different
resolutions/notifications of the opposite parties, issued in pursuance to
and under the provisions of the said Repeal Act affecting the service
conditions of the petitioners. The writ petitioners had placed three
claims for consideration before the court viz. (i) for a direction to the
respondents not to treat the absorptions of the petitioners in the
government service as fresh appointment and to grant them continuity
in service together with the benefits resultant thereof; (ii) to grant
them seniority in the cadre where they have been respectively placed;
and (iii) to hold the petitioners to be entitled to old pension scheme as
available to the government servant after further declaring that the
new pension scheme of the year 2005 would not be attracted in the
cases of the petitioners.
After hearing the parties and considering the submissions,
this Court allowed the writ applications by judgment dated 22.05.2015
with following directions:
"...........In view of the aforesaid principles as
laid down by the Apex Court, it is difficult to
visualize the situation, particularly in view of the
provisions of Section 6 of the Repeal Act, treating
the absorptions of the officers/employees of the
erstwhile Board/Committee/Samiti in different
government services as fresh appointment to be
effective from the date of absorption. This
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
10
interpretation would be in complete antithesis to
the concept of coalescence and fusion which
according to the well settled principles, in the
present context, the term „absorption‟ connotes.
This Court, therefore, holds that the condition
stipulating that the absorption in different
government services of the officers/employees of
the erstwhile Board/Committee/Samiti shall be
treated as fresh appointment, as contained in the
resolution dated 02.09.2008 and follow up
resolutions/notifications of different dates with
regard to the respective writ petitioners, is not
legally sustainable. The said condition in the
resolution dated 02.09.2008 and follow up
revised resolutions/notifications with regard to
the respective writ petitioners is accordingly
quashed and the writ petitioners are held to be
entitled to the continuity of their services. It is
further directed that this order shall apply to all
similarly situated officers/employees of the
erstwhile Board/Committee/Samiti, as the case
may be, and they are not required to approach
this Court individually for the same
relief..........."
".......Following the aforesaid dictum, this
Court, in the fitness of things, directs the
respondents/authority to lay down equitable
principles with regard to fixation of seniority of
the petitioners and other similarly absorbed
Patna High Court MJC No.2968 of 2015 dt.11-01-2017
11
officers /employees of the
Board/Committee/Samiti in their respective
merged cadres. It is expected that the decision in
this regard shall be taken by the concerned
respondent authorities expeditiously and
preferably within a period of three months from
the date of receipt/production of this
order.........."
While considering the claim regarding coverage under the
old pension scheme, the following directions were issued:
"........This Court is not inclined to enter into this
controversy, and after overall consideration of
the facts and circumstances, this Court directs
the respondent/authority to reconsider the
condition restricting the absorbed
officer/employee to the new pension scheme, as
contained in the resolution/notifications dated
02.09.2008and follow up resolution/notifications, in accordance with law keeping in view the abovementioned facts and discussions. Such reconsideration must be bestowed by the respondent/authority expeditiously and preferably within a period of three months from the date of receipt/production of this order............"
The petitioners have filed supplementary affidavit as well as the replies to the show cause filed by the different opposite parties where the plea has been raised by referring to individual cases to Patna High Court MJC No.2968 of 2015 dt.11-01-2017 12 show that the direction as contained in the aforesaid judgment have not been complied by the opposite parties.
The opposite parties have filed their respective show cause in response to the allegations and pleas of the petitioners denying the allegations and asserting that there has been no disobedience of the direction of this Court as raised by the petitioners in the contempt petitions. It would be fruitful here to consider the show cause filed on behalf of the opposite party nos. 2 and 5 where a definite stand has been taken that in compliance to the order/direction as above of this Court a meeting of three departmental secretaries was convened for the purpose of compliance of the aforesaid directions. It has been further stated therein that the said committee took the decision as contained in Annexure-B to the show cause. A supplementary show cause has also been filed on behalf of the opposite party nos. 2 and 5 bringing on record a resolution whereby the decisions/recommendations made by the committee was accepted by the State of Bihar vide resolution dated 13.07.2016 (Annexure-A to the supplementary show cause).
From the perusal of the decision/recommendation taken by the committee (Annexure-B to the show cause filed by the opposite party nos. 2 and 5), it becomes explicit that the directions issued by this Court in the judgment dated 22.05.2015 as abovementioned was Patna High Court MJC No.2968 of 2015 dt.11-01-2017 13 considered by the committee and disposed of by a speaking order. From the perusal of the resolution (Annexure-A to the supplementary show cause filed by the opposite party nos. 2 and 5), it further transpires that a decision has been taken after considering the decisions/recommendations of the committee as follows:-
"1.........fcgkj jkT; --f'k foi.ku i'kZn ¼fo?kfVr½ ,oa --f'k mRiknu cktkj lfer;ksa ¼fof?kfVr½ ds lek;ksftr inkf/kdksfj;ksa @ deZpkfj;ksa dks leku in ,oa osru laj{k.k rFkk lqfuf"pr o`fr mUu;u ;kstuk ¼ACP) dk ykHk fn;k tk pqdk gS vr% fo?kfVr i'kZn @ cktkj lfefr;ksa ds lek;ksftr inkf/kdkfj;ksa @ deZpkfj;ksa dh fcgj jkT; --f'k foi.ku i'kZn ,oa cktkj lfefr;ksa esa fcrk;h x;h lsok dh fujUrjrk cuh jgsxhA 2 fcgkj jkT; --f'k foi.ku i'kZn ¼fo?kfVr½ ,oa --f'k mRiknu cktkj lfefr;ksa ¼ fo?kfVr½ ds lek;ksftr inkf/kdkfj;ksa @ deZpkfj;ksa ds laoxhZ; ojh;rk dk fu/kkZj.k lkekU; iz"kklu foHkkx }kjk lsok larxksZa esa vkilh ojh;rk fu/kkZj.k gsrq fu/kkZfjr lkekU; fl)karksa ds vk/kkj ij lek;ksft dfeZ;ksa ds foHkkxksa }kjk fd;k tk;sxkA
3. fcgkj jkT; --f'k foi.ku i'kZn ,oa --f'k mRiknu cktkj lfefr;ksa ds fo?kVu ds iwoZ buds dfeZ;ksa ds fy, fdlh izdkj dh dksbZ isa"ku ;kstuk ykxw ugha Fkh rFkk ;s dehZ lh-ih-,Q- ;kstuk ls vkPNkfnr FksA fo?kVu ds i"pkr i'kZn ds dfeZ;ksa dh lh-ih-,Q- esa lafpr jkf"k i'kZnh; vuqnku dh jkf"k rFkk miknku ,oa vU; lHkh Hkqxrku fd;k tk pqdk gSA vr% i'kZn@cktkj lfefr;ksa ds fo?kVu ds i"pkr~ fofHkUu foHkkxksa esa lek;ksftr dfeZ;ksa dks iqjkuh iasa"ku ;kstuk dk ykHk nsus ds ekeys esa i'kZn@ cktkj lfefr;ksa ds fo?kVu ds iwoZ dh fLFkfr ;Fkkor ykxw jgsxhA
4. bl laca/k esa iwoZ esa fuxZr lHkh vkns"k @funsZ"k bl gn rd Patna High Court MJC No.2968 of 2015 dt.11-01-2017 14 la"kksf/kr le>k tk;A......"
It is evident from clause 4 of the resolution (Annexure-A as above) that all the previous orders/directions, in the said context, have also been ordered to be amended/modified accordingly.
It is demonstrably clear from the judgment dated 22.05.2015 passed in C.W.J.C. No. 4452 of 2012 and analogous writ applications that the decision/direction (s) therein was in general terms and there was no direction issued by this Court with regard to individual cases of the petitioners which the petitioners in the present contempt petitions have sought to wreck up. It would be seemly here to take into notice the principle laid down by a three judge Bench in Sudhir Vasudeva Vs. M. George Ravishekaran, 2014 (3) SCC 373 as follows:-
"19..........The power vested in the High Courts as well as this Court to punish for contempt is a special and rare power available both under the Constitution as well as the Contempt of Courts Act, 1971. It is a drastic power which, if misdirected, could even curb the liberty of the individual charged with commission of contempt. The very nature of the power casts a sacred duty in the Courts to exercise the same with the greatest of care and caution. This is also necessary as, more often than not, adjudication of a contempt plea involves a Patna High Court MJC No.2968 of 2015 dt.11-01-2017 15 process of self-determination of the sweep, meaning and effect of the order in respect of which disobedience is alleged. The Courts must not, therefore, travel beyond the four corners of the order which is alleged to have been flouted or enter into questions that have not been dealt with or decided in the judgment or the order violation of which is alleged. Only such directions which are explicit in a judgment or order or are plainly self-evident ought to be taken into account for the purpose of consideration as to whether there has been any disobedience or wilful violation of the same. Decided issues cannot be reopened; nor can the plea of equities be considered. The courts must also ensure that while considering a contempt plea the power available to the Court in other corrective jurisdictions like review or appeal is not trenched upon. No order or direction supplemental to what has been already expressed should be issued by the Court while exercising jurisdiction in the domain of the contempt law; such an exercise is more appropriate in other jurisdictions vested in the Court, as noticed above......................."
In J.P. Parihar Vs. Ganpat Duggar, 1996 (6) SCC 291 a three judge Bench of the Apex Court, almost in similar circumstances, has ruled as follows:-
Patna High Court MJC No.2968 of 2015 dt.11-01-2017 16 "6.....................The question is whether seniority list is open to review in the contempt proceedings to find out whether it is in conformity with the directions issued by the earlier Benches. It is seen that once there is an order passed by the Government on the basis of the directions issued by the court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the willful violation of the order................................................"
(emphasis supplied) Tested on the anvil of the above authoritative pronouncements, it is manifest that the opposite parties have complied the directions of this Court as contained in the judgment dated 22.05.2015 passed in C.W.J.C. No. 4452 of 2012 and analogous writ applications. It is transparent from Annexure-B and Annexure-A to the show cause and supplementary show cause filed on behalf of the opposite party nos. 2 and 5 that the opposite parties have taken the decision as directed with regard to providing the continuity in service to the petitioners and further taking decision with regard to the Patna High Court MJC No.2968 of 2015 dt.11-01-2017 17 fixation of the seniority of the petitioners and other similarly absorbed officers/employees of the Board/Committee/Samiti in their respective merged cadre as well as the decision with regard to the applicable pension scheme to such officers/employees. In these facts and circumstances, this Court, in view of the dictums of the Apex Court as above referred, is not inclined to align with the submissions on behalf of the petitioners which are substantially focused towards assailing the legal sustainability of the resolution dated 13.07.2016 (as contained in Annexure-A to the supplementary show cause of opposite party nos. 2 and 5) taken by the opposite parties in compliance of the directions as contained in the judgment dated 22.05.2015.
In result, all the contempt petitions are, accordingly, dismissed. However the petitioners shall be at liberty to seek redressal of their grievances in accordance with law.
(V. Nath, J) Devendra/-
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