Patna High Court - Orders
Saraswati Bhawan Jai Kant Madhyamik ... vs The State Of Bihar & Ors on 3 September, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4598 of 2013
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Maharani Lakshmeshwari Sanskrit Uchcha Vidyalaya, Lakshmipur
Anandpur, District Darbhanga, through its Incharge Headmaster, Kashi
Naresh Jha, son of late Ram Shankar Jha, resident of village Sahora, P.O.
Anandpur, P.S. Ashok Paper Mills, District Darbhanga
.... .... Petitioner
Versus
1. The State of Bihar, Through The Principal Secretary Sri Amarjit Sinha,
Human Resources Department (now Education Department), Bihar, Patna.
2. Sri Amarjeet Sinha S/O Not Known to the petitioner, Principal Secretary,
Department Of Education, Government Of Bihar, Patna.
3. Sri Dashrath Paswan, Special Director (Secondary Education),
Department Of Education, New Secretariat, Patna.
4. Sri Dr. Ramdeo Prasad, Chairman Bihar Sanskrit Shiksha Board, East
Boring Canal Road, Patna.
5. Sri Thakur Manoranjan Prasad, Secretary, Bihar Shiksha Board, East
Boring Canal Road, Patna.
.... .... Opp.Parties
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with
Miscellaneous Jurisdiction Case No.2423 of 2013
IN
Civil Writ Jurisdiction Case No. 1727 of 2009
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Saraswati Bhawan Jai Kant Madhyamik Sanskrit Vidyalaya, Chickna
Through Its Head Master Hrishikesh Jha S/O Shri Sita Ram Jha R/O
Village- Chikna, P.S.- Ghaghardiha, District- Madhubani
.... .... Petitioner
Versus
1. The State Of Bihar Through The Principal Secretary Department Of
Education, Govt. Of Bihar, Patna
2. Amarjeet Sinha, The Principal Secretary Department Of Education,
Govt. Of Bihar, Patna
3. Ram Bujhawan Singh, Special Director Sanskrit Deptt. Of Education,
Govt. Of Bihar, Patna
4. Ram Dev Prasad, The Chairman B.S. Shiksha Board, Patna, Bihar
5. Thakur Manoranjan Pd., The Secretary B.S. Shiksha Board, Patna
.... .... Opp.Parties
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with
Miscellaneous Jurisdiction Case No.3956 of 2013
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Madhu Sudan Sanskrit Madhyami Vidyalaya, Madhusudan Nagar, P.O-
Baghdumba, District Banka through its Incharge Headmaster, Keshav
Prasad Singh Son of Late Deonarayan Singh Resident of Village Jogdiha,
P.O Sonedih Babhangara, P.S- Ghoraiya, District- Banka
.... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Sri Amarjeet Sinha,
Human Resources Department ( Now Education Department), Bihar, Patna.
Patna High Court MJC No.4598 of 2013 (4) dt.03-09-2014 2
2. Sri Amarjeet Sinha Son of not known Principal Secretary, Department of
Education, Government of Bihar, Patna.
3. Sri Dr. Ramdeo Prasad, Chairman, Bihar Sanskrit Shiksa Board, East
Boring Canal Road, Patna.
4. Sri Thakur Manoranjan Prasad, Secretary, Bihar Sanskrit Shiksha Board,
East Boring Canal Road, Patna.
.... .... Opp.Parties
======================================================
with
Miscellaneous Jurisdiction Case No.5272 of 2013
IN
Civil Writ Jurisdiction Case No. 2259 of 2009
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Parmeshwari Sanskrit Uchcha Vidyalaya Tharhi Through Its In- Charge
Head Master Lakshman Jha S/O Late Karpur Jha Resident Of Village-
Tharhi, P.S- Andhra Thardhi, District- Madhubani.
.... .... Petitioner
Versus
1. The State Of Bihar Through The Principal Secretary Sri Amarjit Sinha,
Department Of Education, Bihar, Patna.
2. Sri Amarjit Sinha S/O Not Known Principal Secretary, Department Of
Education, Government Of Bihar, Patna.
3. Sri Dashrath Paswan, Special Director (Secondary Education),
Department Of Education, Government Of Bihar Sanskrit Shiksha Board,
East Boring Canal Road, Patna.
4. Sri Dr. Ramdeo Prasad, Chairman Bihar Sanskrit Shiksha Board, East
Boring Canal Road, Patna.
5. Sri Thakur Manoranjan Prasad, Secretary, Bihar Shiksha Board, East
Boring Canal Road, Patna.
.... .... Opp.Parties
======================================================
with
Miscellaneous Jurisdiction Case No.4362 of 2013
IN
Civil Writ Jurisdiction Case No. 2202 of 2009
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1. Sanskrit Uchcha Vidyalaya, Madneshwar Sthan Through Its Head
Master, Shyamatar Jha S/O Late Raghunath Jha Resident Of Village-
Pastan, Police Station- Andhra Tharhi, District- Madhubani.
2. Sanskrit Madhya Vidyalaya, Pastan, Through Its Head Master Vidya
Nanan Jha S/O Late Raghunath Jha Resident Of Village- Pastan, Police
Station- Andhra Tharhi, District- Madhubani.
.... .... Petitioners
Versus
1. The State Of Bihar Through Sri Amarjit Sinha, The Principal Secretary,
Human Resources Development Department, Government Of Bihar, Patna.
2. Dr. Ramdeo Prasad, The Chairman, Bihar Sanskrit Siksha Board, Patna.
3. Thakur Manoranjan Prasad, The Secretary, Bihar Sanskrit Siksha Board,
Patna.
.... .... Opp.Parties
======================================================
with
Patna High Court MJC No.4598 of 2013 (4) dt.03-09-2014 3
Miscellaneous Jurisdiction Case No.3994 of 2013
IN
Civil Writ Jurisdiction Case No. 2198 of 2009
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1. Yog Purnima Janki Bhawan Sanskrit Uchcha Vidyalaya, Satghara,
through its Acting Headmaster Shyamjee jha Son of Rajendra Jha Resident
of Village- Mangrauni, P.S.- Rajnagar, District- Madhubani.
2. Sanskrit Uchcha Vidyalaya, Pilakhwar, through its Headmaster Bhav
Nath Mishra Son of Late Kalanand Mishra, resident of village Pilakhwar,
P.S. Rajnagar, District Madhubani
3. Hari Ballabh Sanskrit Prathmik Sah Madhya Vidyalaya, Belha through its
Headmaster Kumar Chandra Thakur, son of late Krishna Chandra Thakur,
resident of village Amauja, P.S. Phulparas, District Madhubani
.... .... Petitioners
Versus
1. The State of Bihar, Through The Principal Secretary, Department Of
Education, Bihar, Patna.
2. Sri Amarjit Sinha Principal Secretary, Department Of Education,
Government Of Bihar, Patna.
3. Dasrath Paswan, Special Director Sanskrit, Department Of Education,
Government Of Bihar Patna.
4. Ram Dev Prasad, Chairman Bihar Sanskrit Shiksha Board, Patna, Bihar.
5. Thakur Manoranjan Prasad, Secretary, Bihar Shiksha Board, Patna.
.... .... Opp.Parties
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Appearance :
(In MJC No.4598 of 2013)
For the Petitioner/s : Mr. Durganand Jha, Adv.
For the Respondent/s : Mr. Shakib Ayaz, AC to GA9
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
(In MJC No.2423 of 2013)
For the Petitioner/s : Mr. Hemant Kumar Jha, Adv.
For the Respondent/s : Mr. Ajay Behari Sinha, SC19
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
(In MJC No.3956 of 2013)
For the Petitioner/s : Mr. Durga Nand Jha, Adv.
For the Respondent/s : Mr. Abhimanyu Vatsa, AC to GA9
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
(In MJC No.5272 of 2013)
For the Petitioner/s : Mr. Durga Nand Jha, Adv.
For the Respondent/s : Mr. Ajay Behari Sinha, SC19
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
(In MJC No.4362 of 2013)
For the Petitioner/s : Mr. Lakshman Jha, Adv.
For the Respondent/s : Mr. Ajay Behari Sinha, SC19
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
(In MJC No.3994 of 2013)
For the Petitioner/s : Mr. Hemant Kumar Jha, Adv.
For the Respondent/s : Mr. Ajay Behari Sinha, SC19
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
Patna High Court MJC No.4598 of 2013 (4) dt.03-09-2014 4
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
4 03-09-2014Heard learned counsel for the parties.
Having regard to the stand taken in the show cause on behalf of O.P.No.1, the Principal Secretary of the Education Department, that the necessary orders as also sanction of fund has been made by him for ensuring payment of salary to the teachers of the school petitioners, all these contempt applications are disposed of with a direction not only to the Principal Secretary alone but also to the concerned District Education Officer to ensure that the actual payment of salary of the teachers of school petitioners must be made within a period of 15 days from today, failing which the payment of salary of the concerned District Education Officer shall remain withheld.
At this stage Mr. Durganand Jha, learned counsel for the petitioner in one of the cases, has submitted that the order of the Principal Secretary for making payment is a conditional order and a provision has been made therein that such payment to the teachers of the petitioners school could be affected by the outcome of the Letters Patent Appeal filed by the State of Bihar.
While this Court would not like to make any observation on this part of the condition but then when the opposite parties till Patna High Court MJC No.4598 of 2013 (4) dt.03-09-2014 5 date have not been able to furnish the L.P.A. number the very claim of its being pending before this Court itself seems to be meaningless.
With the aforementioned observation and direction, all these applications are disposed of.
Personal appearance of Mr. R.K.Mahajan, Principal Secretary and Mr. Ashutosh Kumar, Special Director is dispensed with.
(Mihir Kumar Jha, J) surendra/-
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