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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

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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