Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4405 of 2012 ====================================================== 1. Sudhir Kumar Jha S/O Late Kusheshwar Jha Resident Of Village Bidulia, P.O. Deohar, P.S. Andharatharhi, District Madhubani At Present Working As Science Teacher, Bhaiye Sanskrit Prathmic Sah Madhya Vidyalaya, Bidulia, P.S. Andharatharhi, District Madhubani. 2. Pratham Kumar Rai S/O Sri Bindeshwar Rai Resident Of Village + Post Deohar, P.S. Andharatharhi, District Madhubani, At Present Working As Science Teacher, Bhola Nath Sanskrit Sah Madhya Kanya Vidyalaya, Sahuria Purvi, P.S. Andharatharhi, District Madhubani. 3. Lalan Kumar Jha S/O Sri Jitendra Jha Resident Of Village Bauraha (Brha), P.O. Gonauli (Mouahi), P.S. Babu Barhi, District Madhubani At Present Working As Science Teacher, Pandit Sri Umakant Jha Sanskrit Prathmic Sah Madhya Vidyalaya, Bauraha (Barha), P.S. Babu Barhi, District Madhubani. 4. Jai Prakash @ Jai Prakash Yadav S/O Tripti Narayan @ Tripti Narayan Yadav Resident Of Village Bauraha (Derhua), P.O. Gonauli, P.S. Babu Barhi (Andharatharhi), District Madhubani At Present Working As Science Teacher, Sripati Yadav Mahabir Prathmic Sah Madhya Vidyalaya, Bauraha (Derhua), P.S. Babu Barhi (Andharatharhi), District Madhubani. Versus .... .... Petitioners
Legal Reasoning
1. The State Of Bihar. 2. Shri Amarjeet Sinha S/O Not Known At Present Working As The Secretary Cum Commissioner, Human Resource Development, New Secretariat, Bailey Road, Patna-1. 3. Sri Laxman Singh/Ajeet Kumar S/O Not Known At Present Working As The Special Director/Deputy Director (In Charge, Sanskrit Education) New Secretariat, Bailey Road, Patna-1. 4. Bihar Sanskrit Shikchha Board Through Dr. Ramdeo Prasad S/O Not Known At Present Working As The Chairman, East Boring Canal Road, Patna. 5. Sri Shyamanand Choudhary S/O Not Known At Present Working As The Secretary, Bihar Sanskrit Shikchha Board, East Boring Canal Road, Patna. 6. The Union Of India, Human Resources Development (Education) Department Through Pawan Mehta S/O Not Known At Present Working As The Assistant Advisor (Sanskrit) New Delhi. 7. Sri Jitendra Prasad S/O Not Known At Present Working As The Under Secretary, Education Department, Government Of Bihar, New Secretariat, Bailey Road, Patna-1. 8. Rastriya Sanskrit Sansthan (Manit Vishwavidyalaya) Through Dharamveer Singh Rajput S/O Not Known At Present Working As The Director, 56, Industrial Area, Janakpuri, New Delhi-58. .... .... Respondent/s =========================================================== with Miscellaneous Jurisdiction Case No.4488 of 2012 IN Civil Writ Jurisdiction Case No. 8930 of 2009 =========================================================== Prabhakar Jha S/O Sri Rohini Raman Jha Resident Of Village- Avam, Po- Rataul, District- Darbhanga At Present Working As Science Teacher In Dhanwati Sanskrit Middle School, Avam, District- Darbhanga. Versus 1. Mr. Amarjeet Sinha, The Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. Mr. Laxman Prasad Singh, Special Director / Deputy Director (Incharge Patna) 3. Mr. Ramdeo Prasad, The Chairman, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. .... .... Petitioner 2 4. Mr. Shyama Nand Chaudhary, Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. 5. Pawan Mehta Under Secretary, Hrd (Sanskrit Ii Section), Shastri Bhawan New Delhi. 6. Dharmveer Deputy Director, (Scheme) Rastriya Sanskrit Sansthan, 56-67, Institutional Area, Janakpuri New Delhi. .... .... Respondents =========================================================== with Miscellaneous Jurisdiction Case No.4670 of 2012 =========================================================== Manoj Kumar & Ors. .... .... Petitioners Versus The State Of Bihar & Ors .... .... Respondents =========================================================== with Miscellaneous Jurisdiction Case No.4550 of 2012 =========================================================== Shrawan Kumar Mishra .... .... Petitioner Versus Mr. Amarjeet Sinha & Ors. .... .... Respondents =========================================================== Appearance : (In MJC No.4405 of 2012) For the Petitioner/s : Dr. Anjani Pd. Singh & Mr. K.N. Jha For the Respondent/s : Mr. S.A. Alam SC 3 For Sanskrit Sansthan : Mr. Rabindra Kr. Priyadarshi & Mr. S.S. Sundram For B.S.S.B. : Mr. Shashank Shekhar Jha (In MJC No.4488 of 2012) For the Petitioner/s : Dr. Anjani Pd. Singh & Mr. K.N. Jha For the Respondent/s : Mr. S. Alamdar Hussain For Sanskrit Sansthan : Mr. Rabindra Kr. Priyadarshi For B.S.S.B. : Mr. Shashank Shekhar Jha (In MJC No.4670 of 2012) For the Petitioner/s : Dr. Anjani Pd. Singh & Mr. K.N. Jha For the Respondent/s : Mr. S. Alamdar Hussain For Sanskrit Sansthan : Mr. Rabindra Kr. Priyadarshi & Mr. S.S. Sundram For B.S.S.B. : Mr. Shashank Shekhar Jha (In MJC No.4550 of 2012) For the Petitioner/s : Dr. Anjani Pd. Singh & K.N. Jha For the Respondent/s : Mr. S. Alamdar Hussain For Sanskrit Sansthan : Mr. Rabindra Kr. Priyadarshi & Mr. S.S. Sundram For B.S.S.B. : Mr. Shashank Shekhar Jha =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 4 14-08-2013 Heard learned counsel for the parties. Having regard to the earlier order passed in this case on 3 24.07.2013 relevant portion whereof reads as follows:- "Taking into account the decks have been cleared both by the Government of Bihar in the Finance Department and the Education Department for opening of an account in which the Rashtriya Sanskrit Shikshan Sansthan can deposit the amount, this court would direct Mr. Raj Mukul, Special Director, Secondary Education to ensure that such account is opened within a period of two weeks and the account number is also given to the authorities of the Sansthan so that the amount is also deposited in the newly opened account." this Court would now direct the Registrar of the Rashtriya Sanskrit Shikshan Sansthan, a deemed University, to deposit the amount in the account number already given in the letter of the State Government of Bihar bearing no.810 dated 17.07.2013, as contained in Annexure-A to the show cause reply, within a period of one week from the date of receipt/production of a copy of this order. This Court would additionally direct the Special Director, Secondary Education, to also ensure that when such amount is transferred in the aforementioned account by the Rashtriya Sanskrit Shikshan Sansthan, he will also do the needful by ensuring its actual disbursement in the account of the petitioners which also must be done within a week from the date of receipt of such amount. It is however made clear that if such amount is not transferred by Rashtriya Sanskrit Shikshan Sansthan within a period of seven days, the Sansthan will be liable to pay interest at the rate of 5% of the entire amount and if the amount is not disbursed by the Special 4 Director, Secondary Education, within the afore mentioned period of seven days, he would be liable to pay such interest. With the aforementioned observations and directions,
Decision
these applications are disposed of. Let copy of this order be given to Mr. Rabindra Kumar Priyadarshi Advocate and Mr. Syed Arshad Alam, Standing Counsel no.3, for its strict compliance by the opposite parties. (Mihir Kumar Jha, J) A.Ahmad/-