Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1278 of 2008 ====================================================== Ajay Paswan & Ors .... .... Petitioner/s Uday Narayan Choudhary & Anr Versus .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1603 of 2012 ====================================================== 1. Sanjay Kumar Singh S/O Shri Rajendra Singh Resident Of Village Bagarhi, P.O. Bagarhi, P.S. Ramgarh, District Kaimur (Bhabhua). 2. Bipin Bihari Singh S/O Shri Ram Pyare Singh Resident Of Jail Road, Behind Irrigation Department, Jawaripur, P.S. Tilka Manjhi, District Bhagalpur. 3. Md. Mosarraf Equbal Khan S/O Md. Yusuf Khan Resident Of Village Gahana, P.S. Haspura, District Aurangabad. 4. Akhilesh Kumar Singh S/O Shri Ghanshyam Singh Resident Of Village And Post Chakjamal Via Sahdeo Sujurg, P.S. Desari, District Vaishali. 5. Binod Kumar Paul S/O Shri Sitaram Paul Resident Of Village Taraw, P.O. Kharendra, P.S. Belaw, District Kaimur (Bhabhua). 6. Rajesh Kumar Akela S/O Late Judge Prasad Singh Resident Of Village Harnahi, P.O. Wimwa, P.S. Jagdishpur, District Bhojpur (Ara). 7. Sachchidanand Ram S/O Late Rangila Ram Resident Of Village Bankat, P.O. Bindwaliya, P.S. Vishwambharpur, District Gopalganj. 8. Renu Kumari W/O Shailesh Kumar Resident Of Village Majafara, P.O. Bardih Via Islampur, District Nalanda. 9. Rajesh Kumar Tiwary S/O Shri Narayan Prasad Tiwary Resident Of Kaster Town, Near Fransis School, P.S. Deoghar, District Deoghar (Jharkhand). 10. Pramod Kumar S/O Shri Bindeshwar Prasad Resident Of Village Rahimpur, P.O. And P.S. Rahui, District Nalanda. 11. Akhilesh Bind S/O Shri Shyam Narain Bind Resident Of Village Sarfabad, Baliyari, P.O. Ware, P.S. Bhagwanganj, District Patna. 12. Dharmendra Kumar Ii S/O Sonelal Das Resident Of Village Aunta, P.O. Mokamaghat, P.S. Hatidah, District Patna. .... .... Petitioner/s Versus 1. Uday Narayan Choudhary, Speaker, Bihar Legislative Assembly, Patna. 2. Mr. Lakshmikant Jha, Acting Secretary, Bihar Legislative Assembly, Patna. 3. Mr. Hareram Mukhia, Deputy Secretary (Establishment), Bihar Legislative Assembly Secretariat, Patna. 4. Mr. Tara Chand Rajak, Under Secretary (Establishment), Bihar Legislative Assembly Secretariat, Patna. 5. The State Of Bihar Through The Principal Secretary, Finance Department, Old Secretariat, Patna. 6. Mr. Rameshwar Singh, Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s 2 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 2 / 9 ====================================================== with Miscellaneous Jurisdiction Case No.1705 of 2012 ====================================================== 1. Sanjeev Kumar Ii S/O Devendra Prasad Pal Resident Of Village- Mustafapur, Post- Maniyar Pur, District- Vaishali. 2. Jitendra Kumar Pandey S/O Sachidanand Pandey Resident Of Village- Duawai Head Post- Ekchari, P.S- Sonakhar, District- Bhagalpur. 3. Anand Mohan S/O Madan Mohan Singh Resident Of Village- Sarbadipur, Post- Kahalgaon, P.S- Kahalgaon, District- Bhagalpur. 4. Rameshwar Prasad S/O Late Bechu Bhagat Mohalla- Dahiyawa Near N.C.C. Gali, Post- Chapra, District- Saran. 5. Md. Nishat Akhtar S/O Md. Akhtar Hussain At+Post- Tanakmar, Post Office- Ghogha, P.S- Sanhaula, District- Bhagalpur. 6. Kumar Kamlesh Kinkar S/O Anil Singh Resident Of Village At+Post- Sonakhar, P.S- Alauli, District- Khagaria. 7. Sunil Kumar Paswan S/O Ramavtar Paswan Resident Of Village- Dhuawai, P.S- Sanokhar, District- Bhagalpur. .... .... Petitioner/s
Legal Reasoning
Versus 1. Uday Narayan Choudhary, Speaker, Bihar Legislative Assembly, Patna. 2. Mr. Lakshimkant Jha, Acting Secretary, Bihar Legislative Assembly, Patna. 3. Mr. Hareram Mukhiya, Deputy Secretary (Establishment), Bihar, Legislative Assembly Secretariat, Patna. 4. Mr. Tara Chand Rajak, Under Secretary, (Establishment), Bihar, Legislative Assembly Secretariat, Patna 5. The State Of Bihar Through The Principal Secretary, Finace Department, Old Secretariat, Patna. 6. Mr. Rameshwar Singh, Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1706 of 2012 ====================================================== 1. Dilip Kumar S/O Shri Fuleshwar Mahto Resident Of Sadakat Ashram, P.S- Patliputra Colony, Patna, District- Patna. 2. Md. Anwar S/O Late Ghulam Mustafa Resident Of Village- Lal Miya Ke Dargah, Munir Colony, P.S- Phulwarisharif, District- Patna 3. Ram Vinay Singh S/O Late Munshi Mahto Resident Of Village- Sohe, P.S- Jehanabad, District- Jehanabad. 4. Safdar Ali S/O Late Ahmad Ali Resident Of Village- Shahpur, P.S- Tarwara, District- Siwan. 5. Syed Aftab Alam S/O Late Syed Masud Alam Resident Of Village- Rani Sagar, P.S- Shahpur, District- Bhojpur At Ara. 6. Yogendra Kumar S/O Shiv Nandan Bhagat Resident Of Village- Lapura, P.S- Aurangabad, District- Aurangabad. Versus .... .... Petitioner/s 3 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 3 / 9 1. Uday Narayan Choudhary Speaker, Bihar Legislative Assembly, Patna. 2. Mr. Lakshimkant Jha, Acting Secretary, Bihar Legislative Assembly, Patna. 3. Mr. Hareram Mukhiya, Deputy Secretary (Establishment), Bihar, Legislative Assembly Secretariat, Patna. 4. Mr. Tara Chand Rajak, Under Secretary, (Establishment), Bihar, Legislative Assembly Secretariat, Patna 5. The State Of Bihar Through The Principal Secretary, Finace Department, Old Secretariat, Patna. 6. Mr. Rameshwar Singh, Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1707 of 2012 ====================================================== 1. Sushil Thakur S/O Late Bhumeshwar Thakur Resident Of Village- Shobhanathpur, P.S- Khalgaon, District- Bhagalpur. 2. Md. Auranzeb S/O Md. Sayeed Khan Resident Of Mohalla- Samanpura, B.V. College, Raza Bazar, Patna-14. P.S- Shastrinagar, Patna, District- Patna. 3. Dhirendra Kumar Dhiraj S/O Late Lakshman Mandal Resident Of Village- Dhuavai, P.S- Sanokhar, District- Bhagalpur. 4. Vijay Kumar Rai S/O Sri Rajshwar Rai Resident Of Village- Sursand, P.S- Sursand, District- Sitamarhi. 5. Narad Bhagat S/O Sri Sheo Pujan Bhagat Resident Of Village- Sanhaula, Police Station- Sanokhar, District- Bhagalpur. 6. Vijay Kumar Singh S/O Sri Shukdev Prasad Singh Resident Of Village- Mahishi Mazlispur, Police Station- Sanhaula, District- Bhagalpur. 7. Jayram Yadav S/O Sri Lalmuni Yadav Resident Of Village- Ekchari Purab Tola, Police Station- Rasalpur, District- Bhagalpur. 8. Baban Roy S/O Sri Saryu Roy Resident Of Village- Sivanchak, Polie Station- Koilwar, District- Bhojpur At Arra. 9. Lalan Mishra S/O Sri Jag Narayan Mishra Resident Of Village- Lakhnaur, Police Station- Lakhnaur, District- Madhubani. 10. Rakesh Kumar S/O Sri Bachhu Ram P.S- Yarpur Ambedkar Colony, Khagol Road, Patna, District- Patna. 11. Ranjit Kumar S/O Sri Shiv Nandan Chouhan Resident Of Village- Beldaripur, Post- Noorsarai, District- Nalanda. 12. Mukesh Kumar S/O Gulavchand Ram Resident Of Village- Harijan Colony, Post- Dalmiya Nagar, P.S- Dehri On Sone, District- Rohtas. 13. Sanjay Ram S/O Sri Ramjit Ram Resident Of Village- Dhuabe, P.S- Soanokhar, District- Bhagalpur. 14. Bantee Kumar S/O Late Baiju Ram Resident Of Village- Yarpur Ambdkar Colony, Khagaul Road, Patna. 15. Raju Ram S/O Late Fulchand Ram Resident Of Village+P.S- Daudnagar, Post- Chakgadh, District- Vaishali. 16. Sunil Kumar S/O Shyam Lal Mahttar Resident Of Vilalge- Sanhaula Via Ghogha, Police Station- Sanhaula, District- Bhagalpur. .... .... Petitioner/s 4 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 4 / 9 Versus 1. Uday Narayan Choudhary, Speaker, Bihar Legislative Assembly, Patna. 2. Mr. Lakshimkant Jha, Acting Secretary, Bihar Legislative Assembly, Patna. 3. Mr. Hareram Mukhiya, Deputy Secretary (Establishment), Bihar, Legislative Assembly Secretariat, Patna. 4. Mr. Tara Chand Rajak, Under Secretary, (Establishment), Bihar, Legislative Assembly Secretariat, Patna 5. The State Of Bihar Through The Principal Secretary, Finace Department, Old Secretariat, Patna. 6. Mr. Rameshwar Singh, Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1708 of 2012 ====================================================== 1. Prakash Kumar Singh S/O Sri Shiv Shankar Singh Residen Of Village- Kathara, Police Station- Sultanganj, District- Bhagalpur. 2. Manju Kumari D/O Sri Subendra Ray Resident Of Ami, Police Station- Dighwara, District- Saran. 3. Ratan Kumar Ratan S/O Sri Jitendra Prasad Singh Resident Of Ghuave, Police Station- Sanokhar, District- Bhagalpur. 4. Anil Kumar S/O Late Kesho Prasad, Resident Of Baniadanda, Police Station- Sanokhar, District- Bhagalpur. 5. Anand Kumar Mahto S/O Sri Makhroo Mahto Resident Of Saraiya Ghat, Police Station- Mohanpur, District- Godda. 6. Lal Bihari Paswan S/O Sri Rakhlal Paswan Resident Of Bharathi, Police Station- Simri-4, District- Darbhanga. 7. Bipin Kumar Singh S/O Ram Sevak Singh Resident Of Gajhanda, Police Station- Lalmata, District- Godda. 8. Mahendra Manda S/O Sri Lal Mandal Resident Of Village At Staff Quarter, Desh Ratan Marg, Patna, Police Station- Sachiwalaya, Patna, District- Patna. 9. Paltan Tuddu S/O Sri Basudeo Tuddu Resident Of Kushaha, Police Station- Sahachal, District- Bhagalpur. 10. Siyaram Prasad S/O Sri Lalan Ram Resident Of Rupaspur, Police Station- Danapur, District- Patna. 11. Anil Kumar Yadav No.2 S/O Sri Bhola Yadav Resident Of Dhuabey, Police Station- Sanokhar, District- Bhagalpur. 12. Vivek Kumar S/O Sri Arjun Singh Resident Of Vivek Vihar Hanuman Nagar, Patna Police Station- Patrakarnagar, Patna, District- Patna. .... .... Petitioner/s Versus 1. Uday Narayan Choudhary, Speaker, Bihar Legislative Assembly, Patna. 2. Mr. Lakshimkant Jha, Acting Secretary, Bihar Legislative Assembly, Patna. 3. Mr. Hareram Mukhiya, Deputy Secretary (Establishment), Bihar, Legislative Assembly Secretariat, Patna. 4. Mr. Tara Chand Rajak, Under Secretary, (Establishment), Bihar, Legislative Assembly Secretariat, Patna 5 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 5 / 9 5. The State Of Bihar Through The Principal Secretary, Finace Department, Old Secretariat, Patna. 6. Mr. Rameshwar Singh, Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1709 of 2012 ====================================================== 1. Lalit Narayan Paswan S/O Sri Shyam Narayan Paswan Resident Of R- Block, Police Chowki, Road No. 10, Patna Police Station- Sachivalaya, District- Patna. 2. Kumari Sushila Sharma W/O Sri Sheo Shankar Bharti C/O Sri Chamari Mahto Of Mohalla- Arya Kumar Road No. 1, Dinkar Bhawan (Near Gentleman Saloon), Patna-4, Police Station- Kadam Kuan, District- Patna. 3. Ranjeet Paswan S/O Sri Kameshwari Paswan Resident Of Kaushal Nagar, Apoli Road In The Jhopari Near House No. 63, Police Station- Gardanibagh, Patna, District- Patna. 4. Deepak Kumar S/O Sri Sonalal Ram Resident Of Village- Madhuban, Police Station- Madhuban, District- East Champaran At Bettiah. 5. Vijay Kumar S/O Sri Mahesh Ram C/O Sri Ram Babu Ram, Karmchari Resident Of Old Hostel Patna Medical College Hospital, Patna, P.S- Pirbahore, District- Patna. .... .... Petitioner/s Versus 1. Uday Narayan Choudhary, Speaker, Bihar Legislative Assembly, Patna. 2. Mr. Lakshimkant Jha, Acting Secretary, Bihar Legislative Assembly, Patna. 3. Mr. Hareram Mukhiya, Deputy Secretary (Establishment), Bihar, Legislative Assembly Secretariat, Patna. 4. Mr. Tara Chand Rajak, Under Secretary(Establishment), Bihar Legislative Assembly Secretariat, Patna 5. The State Of Bihar Through The Principal Secretary, Finace Department, Old Secretariat, Patna. 6. Mr. Rameshwar Singh, Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s ====================================================== Appearance : (In MJC No.1278 of 2008) For the Petitioner/s : Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Niranjan Kumar, Adv. For the Respondent/s : Mr. D.K. Sinha, Sr. Adv. Mr. Abhinay Raj, Adv. (In MJC No.1603 of 2012) For the Petitioner/s : Mr. Niranjan Kumar For the Respondent/s : Mr. Shail Kumari Sc15 (In MJC No.1705 of 2012) For the Petitioner/s : Mr. Niranjan Kumar 6 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 6 / 9 For the Respondent/s : Mr. M. D. Dwivedi Sc23 (In MJC No.1706 of 2012) For the Petitioner/s : Mr. Niranjan Kumar For the Respondent/s : Mr. M. D. Dwivedi Sc23 (In MJC No.1707 of 2012) For the Petitioner/s : Mr. Niranjan Kumar For the Respondent/s : Mr. M. D. Dwivedi Sc23 (In MJC No.1708 of 2012) For the Petitioner/s : Mr. Niranjan Kumar For the Respondent/s : Mr. M. D. Dwivedi Sc23 (In MJC No.1709 of 2012) For the Petitioner/s : Mr. Niranjan Kumar For the Respondent/s : Mr. M. D. Dwivedi Sc23 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 17 16-08-2013 We have heard counsel for the petitioners and the State. The Court had ordered that the petitioners were appointed on temporary posts. Directions were given to restore the petitioners on the post in the same status they held on 31.1.2008, the date of termination. Learned counsel for the petitioners contended that though reinstatement has been done, but not on the same pay scale they were drawing on 31.1.2008. This was disobedience of the directions given by the Court. The supplementary show cause was itself evidence that the petitioners were not being paid the correct scale. It was lastly submitted that the reinstatement has not been done from 31.1.2008 as ordered. Learned Additional Advocate General No. 2 7 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 7 / 9 submitted that the petitioners have been reinstated in the same status as on 31.1.2008 with revised pay scale. There was no direction for retrospective reinstatement, except for the purpose of seniority while considering regularization. We have gone through the orders passed in M.J.C. No. 1278 of 2008 and M.J.C. No. 1603 of 2012. The order dated 30.4.2013 in M.J.C. No. 1278 of 2008 reads as follows:- “There appears to be a the in controversy interpretation of the directions issued by the Bench in L.P.A. No. 322 of 2008 and analogous matters. respect of Let the petitions be placed before the Bench of which Hon’ble Mr. Justice Vikash Jain is a member.” The order dated 28.6.2012 in M.J.C. No. 1603 of 2012 reads as follows:- “The only grievance of the petitioners worth considering at this stage is that they should be paid their due salary as per order of the Division Bench if they have been reinstated and they are working………” The order dated 19.7.2012 reads as follows:- “ If the grievance of the petitioners that their salaries are not being paid in spite of joining their posts long back in the month of March, 2012, is not redressed by the next date, then opposite party no. 2, Acting Secretary, Bihar Legislative Assembly and Deputy Secretary (Establishment) should be present in Court on the next date……” The order dated 30.8.2012 reads as follows:- 8 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 8 / 9 “It appears that salary is now being paid to most of the concerned employees and only in cases of four persons payment has not been resumed due to technical difficulties on account of non-availability of G.P.F. account. For them a solution is being found out. As prayed on behalf of the State, let this matter be listed under the same heading after two weeks. In case the petitioners are being paid lesser amount to what they were getting on 31.1.2008 then the authorities will be well advised to make necessary correction and ensure that they do not get lesser payment to what they were getting on 31.1.2008.” The order dated 11.10.2012 reads as follows:- of “On behalf the Legislative Assembly, it is admitted that the Assembly has not only withheld arrears of salary which it could do in view of the order of the Division Bench order but it has also refused to allow the increments for the period concerned although increments have been earned by others and there was a direction of the Division Bench as well as writ Court that petitioners’ shall be restored. status The only conclusion possible from the words of the Division Bench or the writ Court is that the Assembly can only withhold payment of arrears of salary but calculation of salary shall be done in the same manner as was required to be done at the time when the status was disturbed. In other words, there is no order that there of be shall increments…..” forfeiture We find that the order in the L.P.A. did not contain any specific directions with regard to reckoning of pay scale by addition of increments. In absence of any specific 9 Patna High Court MJC No.1278 of 2008 (17) dt.16-08-2013 9 / 9 direction, we find it difficult to hold the opposite parties answerable in contempt. The increments are a matter of further enquiry, calculations etc. The opposite parties have issued an order on 24.7.2012, inter alia that in case of any arrears in the pay scale, not only recovery be made but also the amount paid less would be paid to the aggrieved. In the entirety of the discussion, more particularly, the order dated 30.4.2013 in M.J.C. No. 1278 of 2008 that there appeared a controversy with regard to different interpretations of the order requiring clarification, we are satisfied that if there be any ambiguity in the order of which non compliance is alleged, it is difficult for us to proceed further in the contempt jurisdiction. If the petitioners represent for any grievance regarding the inappropriate pay scale, it is expected that the opposite parties shall consider it in accordance with law. No orders need be passed on any I.A. applications filed on behalf of the opposite parties. The applications stand disposed. (Navin Sinha, J) (Vikash Jain, J) P. Kumar/-