Patna High Court - Orders
Birendra Kunwar vs The State Of Bihar And Ors on 2 September, 2019
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 3743 of 2018
Arising out of
Civil Writ Jurisdiction Case No. 1791 of 2008
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Birendra Kunwar Son of Late Chandradeo Kunwar, Resident of Village-
Mahishi, Police Station- Bibhutipur, District- Darbhanga (Now- Samastipur).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mr. Amir Subhani, I.A.S. at present posted as Principal Secretary, General
Administration Department, Government of Bihar, Patna.
3. Mr. Jitendra Srivastava, I.A.S. presently posted as Principal Secretary,
Public Health Engineering Department, Government of Bihar, Patna.
4. Mr. Satish Chandra Mishra, Presently posted as Engineer-in-Chief cum
Special Secretary, Public Health Engineering Department, Government of
Bihar, Patna.
5. Mr. Ashok Kumar Singh, Presently posted as Regional Chief Engineer,
Public Health Engineering Department, Government of Bihar, Patna.
6. Mr. Ashok Kumar Presently posted as Superintending Engineer, Public
Health Engineer Circle, Darbhanga, District- Darbhanga.
7. Mr. Dheeraj Kumar Singh, Presently posted as Executive Engineer, Public
Health Engineering Division, Samastipur, District- Samastipur.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate
For the State : Mr. Saroj Kumar Sharma, AC to AAG 3
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
2 02-09-2019Learned counsel for the petitioner and learned AC to AAG 3 for the State have assisted the Court.
2. It is unfortunate that till date, the order dated 28.06.2017 passed in CWJC No. 1791 of 2008, has not been complied with.
3. The writ petition was disposed off in the following Patna High Court MJC No.3743 of 2018(2) dt.02-09-2019 2/3 terms:
"Having heard learned counsel for the parties and taking note of the issues settled by this Court in the judgment and order passed in C.W.J.C. No. 7211/2013 following which a decision has been taken by the Public Health Engineering Department in its order bearing memo no. 925 dated 16.11.2013 for making payment of differential amount of salary to all those reverted employees of the work charge establishment, I direct the Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna to consider the grievance of the petitioner for making payment of difference of salary for the period of his reversion i.e. 1.6.2002 until his regularization i.e. 21.6.2014 within a period of three months from the date of receipt/ production of a copy of this order."
4. Show cause has been filed on behalf of the opposite party no. 7 in which the stand is that the authorities have preferred LPA No. 185 of 2018, against the order of the writ Court. However, there is no stay of the order of the writ Court. Even as per the Litigation Policy of the State Government itself, any order passed by a Court has to be complied with making it subject to the decision in the appeal. In the present case, mere filing of the appeal, that too, in the year 2018 and till date, there being no order, is no justification for the authorities not to comply with the order of the writ Court.
5. Thus, in the tentative view of the Court, the Engineer in Chief-cum-Special Secretary, Public Health Patna High Court MJC No.3743 of 2018(2) dt.02-09-2019 3/3 Engineering Department, Government of Bihar, Patna is in contempt. However, before issuing Rule in the matter of contempt, the Court directs him to be personally present and explain such conduct, when the matter be listed under the heading 'For Orders' on 24th September, 2019.
6. It is made clear that if on that day affidavit showing compliance of the order of the writ Court is not filed, the Court may not grant any indulgence to the officer(s) concerned.
(Ahsanuddin Amanullah, J.) P. Kumar U