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1990 DAILYLAW 474 (PAT)

BAIDYANATH JHA v. The State of Bihar

MJC/1990/2019 · 2026-08-07

Ritesh Kumar

Contempt Petitionbody1990

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1990 of 2019 In Civil Writ Jurisdiction Case No.12259 of 2014 ====================================================== BAIDYANATH JHA S/o- Late Niras Jha Resident of Village Bourha, Police Station Lokaha, Distt.- Madhubani, at present working as Headmaster, Niras Sanskrit High School, Bourha, P.S.- Lokaha, Distt. - Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar Through the Principal Secretary-cum-Commissioner, Education Department, Government of Bihar, Patna, Sri R.K. Mahajan. 2. The Special Director, Secondary Education (In-charge Sanskrit), Education Department, Government of Bihar, Patna Sri Ashmuddin Rahman. 3. The Bihar Sanskrit Shiksha Board Through its Secretary, East Boring Canal Road, Patna, Sri Anil Kumar. 4. The District Education Officer, Madhubani, Sri Ram Kumar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s : Mr. Ram Vinay Pd. Singh (Ga12) For the Board : Mr. S.S. Sundaram, Advocate Mr. Ankit, Advocate Mr. Aman Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 8 07-08-2026 Heard the learned counesl for the parties. 2. The present contempt petition has been filed for non-compliance of order dated 26.11.2018 passed in CWJC no. 12259 of 2014 whereby the Hon’ble Single Judge, while disposing the writ petition directed to take necessary decision with regard to the grant of benefits to the petitioner till he attains 65 years of age and further directed to grant all consequential benefits treating the age of petitioner as 65 years. A second supplementary show-cause has been filed on behalf of the Patna High Court MJC No.1990 of 2019(8) dt.07-08-2026 2/3 opposite parties wherein, it has been brought on record that against the order dated 26.11.2018 passed in CWJC no. 12259 of 2014 the State Authorities filed Civil Review no. 438 of 2019 and the same was disposed of vide order dated 19.06.2025 with a direction to the Additional Chief Secondary, Education Department, Government of Bihar, Patna to take the matter to its logical conclusion after issuing notice to all the necessary parties in the next four weeks. It was further directed that the Writ Court order stands merged with the order dated 19.06.2025 passed in Civil Review number 438 of 2019. 3. In terms of the directions given by this Hon’ble Court in Civil Review no. 438 of 2019, the Additional Chief Secretary took a decision in the matter and the same has been notified vide memo no. 2594 dated 17.10.2025, whereby it has been directed that the petitioner and others are not entitled for grant of benefits of three years of service, on account of they being decorated with the National Award. It was further directed in the order that one teacher namely Afaque Rahmani who was granted the benefit, recovery be made from him after initiating proceeding under the Public Demand Recovery Act. 4. After perusal of the order dated 17.10.2025 this Court is satisfied that no contempt is made out, and accordingly Patna High Court MJC No.1990 of 2019(8) dt.07-08-2026 3/3 the contempt petition is dismissed. Kunal/- (Ritesh Kumar, J) U