Patna High Court
Afroz Alam @ Md. Afroz AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the petition, granting the petitioner liberty to agitate the matter but not issuing any further substantive relief.
Summary
The petitioner, Afroz Alam, filed a writ petition challenging the alleged deliberate and willful disobedience of a vide order dated 30‑06‑2017 issued in G.W.J.C. No.23706 of 2012 by Justice Budhir Singh. That order, relying on the Ganpati Singh case, had directed that the petitioner be given seniority over persons placed below him in the merit list and be granted pay protection. The petitioner alleged that the District Education Officer, Patna, had passed an order that contravened this direction by altering his seniority position. Counsel for the petitioner sought liberty to agitate the matter on the basis that the relief had been granted only notionally. The court, after hearing the parties, granted the requested liberty and disposed of the petition without further order.
Issues considered
- Whether the respondents deliberately and willfully disobeyed the vide order dated 30‑06‑2017 directing seniority and pay protection to the petitioner.
- Whether the petitioner is entitled to seniority over persons below him in the merit list and to pay protection as per the earlier order.
Subjects
- seniority
- pay protection
- writ jurisdiction
- disobedience of court order
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1243 of 2020
In
Civil Writ Jurisdiction Case No.23706 of 2012
======================================================
Afroz Alam @ Md. Afroz Alam Son of Md. Yakub @ Md. Yakub Resident of
Village-New Millat Colony, Sector-3, Phulwarisharif, P.S.-Phulwari Sharif,
District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Namely Mr. R.K.
Mahajan Human Resources Department, Government of Bihar, New
Secretariat, Patna.
2. Dr. Ranjit Kumar Singh, Director (Primary Education), Human Resources
Department, Government of Bihar, New Secretariat, Patna.
3. Mr. Jyoti Kumar The District Education Officer, Patna.
4. Mr. Kesho Prasad The District Programme Officer (Establishment), Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jagjit Roshan, Advocate
For the Opposite Party/s : Mr.Lalit Kishore ( Ag )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for deliberate and willful disobedience of
the vide Order dt 30.06.2017 passed in
G.W.J.C. No.23706 of 2012 passed by
Hon'ble Mr. Justice Budhir Singh whereby
and whereunder the writ petition was
allowed in view of the decision of Ganpati
Singh Case (Supra) and direction was given
Patna High Court MJC No.1243 of 2020(5) dt.10-03-2026
2/2
that the Petitioner would be entitled to
Seniority over the persons, who were below
him in the Merit List and he would also be
entitled to Pay Protection.
3. The show cause shows that the District Education
Officer, Patna has passed the order and the petitioner has been
put over those who were below the list in seniority.
4. Learned counsel for the petitioner submits that it
has been granted notionally and as such liberty be granted to
agitate the matter.
5. Granting said liberty, the MJC No. 1243 of 2020 is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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