Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 7558 (PAT)

Harishankar Chaudhary v. The State of Bihar

MJC/1369/2025 · 2026-08-18

Rajiv Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1369 of 2025 In Civil Writ Jurisdiction Case No.1668 of 2019 ====================================================== Harishankar Chaudhary Son of Late Laljee Chaudhary Resident of Village- Bangra, Post Office-Karom, Police Station-Guthani, District-Siwan. At the time of filing of writ petition was working as an Assistant Teacher (In-charge Headmaster) in Govt. Middle School Alasgarh, Anchal-Andar, District-Siwan. At present posted and working as Graduate Trained Teacher (Science), Govt. Upgraded Middle School Mitwar, Anchal Hasanpura, District - Siwan. ... ... Petitioner/s Versus 1. The State of Bihar x 2. Dr. S. Siddhartha, the Principal Secretary, Department of Education, Government of Bihar, Patna. 3. Smt. Sahila, the Director, Primary Education, Government of Bihar, Patna. 4. Mr. Mukul Kumar Gupta, the District Magistrate, Siwan. 5. Mr. Sanjay Kumar, the Regional Deputy Director of Education, Saran Division, Chapra 6. Mr. Raghvendra Pratap Singh, the District Education Officer, Siwan. 7. Mr. Raghvendra Pratap Singh, the District Education Officer -cum- the Chairman, District Teacher Promotion Committee, District - Siwan. 8. Mr. Awadhesh Kumar, the District Programme Officer Establishment (Education), Siwan. 9. Mr. Awadhesh Kumar, the District Programme Officer Establishment (Education) -cum- the Member Secretary, District Teacher Promotion Committee, District - Siwan 10. Mr. Birendra Prasad Keshari, the Block Education Officer, Andar, District - Siwan. 11. Mr. Manoj Kumar, the District Treasury Officer, Siwan ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Government Pleader 23 Mr. Rajesh Kr. Sinha, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 18-08-2026 Heard the parties. 2. The present petition has been preferred for the Patna High Court MJC No.1369 of 2025(3) dt.18-08-2026 2/4 following relief(s): “for initiation of contempt proceeding against the contemnors/opposite parties for their willful disobedience of the order dated 22.03.2024 passed in CWJC No. 1668 of 2019.” 3. A show-cause is on record and the different paragraphs of the show cause read as under: 6. That after receiving the representation alongwith order of this Hon'ble court the Regional Deputy Director of Education, Saran Division, Chapra has passed the order contained in memo no. 716 dated 14.6.2024 whereby directed the District Education Officer, Siwan and District Programme Officer (Establishment) Siwan to review the promotion list in the light of order passed by the Hon'ble High Court and orders of Director Primary Education, Bihar vide letter no. 218 dated 27.2.2023 and 590 dated 20.6.2023 (Annexure- P/4 of this petition). 7. That in compliance of order dated 11.3.2024 and 22.3.2024 passed in C.W.J.C. No. 1780 of 2019 and C.W.J.C. No. 1522 of 2019 and Patna High Court MJC No.1369 of 2025(3) dt.18-08-2026 3/4 other several order passed in different writ proceeding and departmental order contained in memo no. 716 dated 14.6.2024 letter no. 218 dated 27.2.2023 and letter no. 590 dated 20.6.2023 as well as order passed in C.W.J.C.No. 1561 of 2016 (Raghvendra Sharma and ors) The District Primary Teacher Establishment (Promotion) committee, Siwan held its meeting on 29.8.2024 and decision has been taken to grant graduate trained pay scale (Grade D) and headmaster pay scale in Grade pay 4800. The committee further granted the benefit of MACP in view of resolution no. 1071 dated 7.10.2021 and memo no. 1064 dated 19.9.202. 8. That in view of aforesaid decision the District Education Officer, Siwan issued order vide memo no. 454 dated 24.5.2025 in which the name of petitioner stood at serial no. 59. 9. That from the memo no. 454 dated 24.5.2025 it is transpired that the petitioner was granted graduate trained scale vide memo no. 3244 dated 10.11.2018 w.e.f. 31.10.2013. After Patna High Court MJC No.1369 of 2025(3) dt.18-08-2026 4/4 considering the orders of this Hon'ble court the graduate trained pay scale (Grade-4) and pay scale of headmaster (Grade-7) has been revised w.e.f. 1.1.2008 and 1.1.2013 respectively. The benefit of MACP has also granted w.e.f. 1.1.2023 after completion of 10 years service in the post of headmaster. 10. That in view of aforesaid facts and circumstances the order dated 22.3.2024 passed in C.W.J.C. No. 1668 of 2019 is fully complied with and as such the instant contempt petition is fit to be dropped.” 4. Learned counsel for the petitioner submits that liberty be granted. 5. Granting liberty to the petitioner to agitate the matter, if grievance still remains, the present contempt petition stands disposed of. Adnan/- (Rajiv Roy, J) U