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2018 DIGILAW 1498 (PAT)

Braj Bihari Singh son of late Laldhari Singh v. State of Bihar

2018-09-14

ASHUTOSH KUMAR, MOHIT KUMAR SHAH, MUKESHKUMAR R.SHAH

body2018
JUDGMENT : MOHIT KUMAR SHAH, J. The aforesaid contempt applications have been filed alleging disobedience of the judgment dated 21.4.2009 passed by the learned Full Bench of this Court in LPA No. 985 of 1996 and other analogous cases. 2. The present batch of contempt petitions has been heard together with the consent of the parties inasmuch as all the petitioners of the aforesaid contempt petitions are posted as Assistant teachers/teachers in the District of Bhojpur at Ara in the Government Middle School. 3. The learned counsel for the petitioners has alleged that fresh seniority list, as directed vide aforesaid judgment dated 21.04.2009 passed by the learned Full Bench, has not been prepared as far as the district of Bhojpur at Ara is concerned, hence, consequently promotions have also not been granted. 4. Per contra, the learned counsel for the opposite parties, referring to the show cause filed by them, has submitted that seniority list has already been prepared and as far as the district of Bhojpur at Ara is concerned, promotion has also been granted in the scale of Headmasters. It is further submitted that much water has flown down the river inasmuch as the seniority list/the promotion granted to the teachers have been subsequently challenged by way of various writ petitions and the learned Single Judge of this Court has already passed orders in the said writ petitions. 5. We have heard the learned counsel for the parties and have gone through the materials on record. We have also perused the earlier order passed by the learned Full Bench dated 14.01.2016, disposing of M.J.C. No. 1083 of 2014 (arising out of LPA No. 985 of 1996), wherein disobedience and non-compliance of the aforesaid judgment dated 21.04.2009 passed in LPA No. 985 of 1996 and other analogous cases had been alleged, however, the learned Full Bench had recorded the submissions of the learned counsel for the respondents/opposite parties in the following words:- “The respondents/opposite parties have submitted that they have complied with the directions given by the order, dated 21.04.2009, passed in L.P.A. No. 985 of 2996, by a Full Bench of this Court in respect of the districts in the State of Bihar except in respect of five districts, namely, Buxar, Arwal, Kishanganj, Samastipur and Begusarai. This apart, on a query made by this Court, Mr. This apart, on a query made by this Court, Mr. Pawan Kumar, learned Assistant Counsel to Government Pleader No.2, has also submitted that in respect of the said five districts, necessary steps, as mandated by the order, dated 21.04.2009, aforementioned would also be taken and the entire exercise would be completed within a period of two months from today.” 6. From the aforesaid order passed by the learned Full Bench dated 14.01.2016 passed in MJC No. 1083 of 2014, it is apparent that as far as the district of Bhojpur at Ara is concerned, the directions given by the learned Full Bench vide judgment dated 21.04.2009 had been complied with. Moreover, as demonstrated by the learned counsel appearing for the respondents/opposite parties, it is clear that seniority list has already been published and promotions have also been granted. The learned counsel appearing for the petitioners has not controverted the said averments made by the opposite parties in their show cause. Lastly, we find that by efflux of time and coming into being, the new rules i.e. the Bihar Nationalized Elementary Schools Teachers Promotion Rules, 2011, the old rules i.e. the Bihar Taken Over Elementary School Teachers’ Promotion Rules, 1993 have been repealed, hence the petitioners are required to agitate their grievances, if any, under the new rules in accordance with law. 7. Having considered the facts and circumstances, we are of the view that as far as the district of Bhojpur at Ara is concerned, the judgment dated 21.4.2009 passed by the learned Full Bench in LPA No. 985 of 1996 has been fully complied with, hence, the present contempt petitions are disposed of with liberty to the petitioners to take recourse to such remedies as are available under the law for agitating their grievances, if any.