Patna High Court
Pramod Kumar Mishra and OrsversusThe State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the State had complied with the earlier order and therefore dismissed the contempt application.
Summary
The petitioners, a group of former instructors of a government education programme, filed a contempt application alleging that the State of Bihar and its officials failed to comply with a 21 April 2011 order directing the absorption of these instructors into regular service. The order required identification of validly appointed instructors and their appointment within four months of receipt of the order. The respondents argued that certain petitioners did not meet the three‑year continuous service condition and therefore were excluded, while others had been recommended for absorption. The court examined the show‑cause response and concluded that the State had complied with the substantive directions of the earlier order. Consequently, the contempt petition was dismissed and the matter was disposed of.
Issues considered
- Whether the State of Bihar and its officials are in contempt for allegedly not absorbing the instructors as directed by the 2011 order
- Whether the three‑year continuous service condition bars certain petitioners from consideration
- Whether the State has complied with the directive to identify and appoint eligible instructors within the stipulated period
Subjects
- contempt of court
- government orders
- absorption of staff
- education programme
- writ jurisdiction
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2150 of 2017
In
Civil Writ Jurisdiction Case No.8418 of 2010
======================================================
1. Pramod Kumar Mishra and Ors son of Shiyaram Mishra, Resident of
VillagePO- Bardaha, P.S.- Sikti, District- Araria.
2. Chunni Singh, wife of Rajiv Kumar Singh, Resident of Village- Belsandi,
P.O.- Gokhalapur, P.S.- Narpatganj, District- Araria.
3. Draupadi Devi, wife of Jagat Narayan Viswas, Resident of Village-
Masunda, P.O.- Bhirbhiri, P.S.- Sikti, District- Araria.
4. Shila Devi, wife of Kamleshwari Prasad Mandal, Resident of Village-
Chanda, P.O.- Khagrah, P.S.- Narpatganj, District- Araria.
5. Yogendra Viswas, son of Harihar Prasad Viswas, Resident of Village-
Masunda, P.O.- Bhirbhiri, P.S.- Sikti, District- Araria.
6. Kumar Vidyanand, son of Shri Krishna Yadav, Resident of Village-
Dumriya, P.O.- Bhanghi, P.S.- Phulkaha, District- Araria.
7. Jatanand Yadav, son of Madhuri Yadav, Resident of Village- Dumriya, P.O.-
Bhanghi, P.S.- Phulkaha, District- Araria.
8. Vishun Dev Uron, son of Budhdeo Uron, Resident of Village- Kochgama,
P.O.- Gokhalapur, P.S.- Narpatganj, District- Araria.
9. Surendra Kumar Uron, son of Devlal Uron, Resident of Village- Belsandi,
P.O.- Gokhalapur, P.S.- Narpatganj, District- Araria.
10. Md. Sajiruddin, son of Ahmad Ali, Resident of Village- Belsandi, P.O.-
Gokhalapur, P.S.- Narpatganj, District- Araria.
11. Lalit Kumar Aron, son of Chandra Lal Uron, Resident of Village- Belsandi,
P.O.- Gokhalapur, P.S.- Narpatganj, District- Araria.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old
Secretariat, Patna and Ors
2. The Principal Secretary, Department of Education, Bihar, Patna namely Mr.
R.K. Mahajan.
3. The Principal Secretary, Department of Personnel and Administration, Bihar,
Patna namely Mr. Amir S
4. The Director, Mass Education, Govt. of Bihar, Patna namely Mr. Binoda
Nand Jha.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Shashi Shekhar Tiwary, AC to AAG 15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 23-04-2026 Heard the parties.
Patna High Court MJC No.2150 of 2017(5) dt.23-04-2026
2/3
2. The present application has been preferred:
for initiating a contempt of court
proceeding against the opposite parties
concerned for their willful, deliberate and
intentional action/inaction in not comply the
order dated 21.4.2011 passed in CWJC No.
8418/2010 & its analogous cases by Hon'ble
Mr. Justice J.N. Singh with following
observation:-
"In the circumstances, this court
finds that the respondents are not justified in
not absorbing the Instructors also in regular
service at least on class IV posts and on the
lives they have absorbed the supervisors of the
programme. In the circumstances this court
directs the respondents to apply the same
policy in respect of the Instructors of the
Programme also and absorb them in regular
Government service as per their qualification
and eligibility. For this purpose, the
respondents shall identify such Instructors of
the Programme who were validly appointed
and subsequently stand thrown out on account
of closure of the Programme, and issue orders
for their absorption positively within a period
of four months from the date of
receipt/production of a copy of this order.
The writ application is, accordingly,
allowed with the aforesaid observations and
directions.
3. The show cause of the opposite party no. 4 has come
Patna High Court MJC No.2150 of 2017(5) dt.23-04-2026
3/3
and paragraph 8 of the said show cause read as follows:
8. That it is evident from the
aforesaid order that working the of three
continuous years is a mandatory condition for
being absorption/appointment, considered for
therefore, the petitioner no. 4 and 7 do not
come under the zone of consideration hence
were not considered whereas rest of the
candidates have been considered and their
names have to the different already been sent
department for being absorbed/appointed
against vacant category. For petitioner under
posts the example, no. 1 and 2 Class-IV name
has of been recommended for
absorption/appointment to the District
Magistrate, Purnea vide letter no. 1256 dated
12.06.2018.
4. In that background, giving liberty to those who have
been left out to agitate the matter afresh before appropriate forum/
Court , accepting the State version that the order stands complied,
MJC No. 2150 of 2017 is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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