IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1868 of 2010 ====================================================== Saraswati Devi, wife of late Mahendra Kumar, resident of Mohalla- Ashokpuri (Khajpura), House No.12/A, P.S. - Shastri Nagar, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Anjani Kumar Singh, Principal Secretary, Dept. of Human Resource Development, Govt. of Bihar. 3. K.K. Pathak, Secretary, Dept. of Human Resource Development, Govt. of Bihar. 4. Janardan Prasad Singh, Director, Higher Education, Govt. of Bihar, Patna. 5. Bhanu Pratap Sharma, Commissioner-cum-Finance Secretary, Govt. of Bihar, Patna. 6. Anil Kumar Verma, Director, Administration, Dept. of HRD, Govt. of Bihar, Patna. 7. Onkar Nath Arya, Deputy Secretary, Dept. of HRD, Govt. of Bihar, Patna. . .... .... Opposite Party/s ====================================================== with Miscellaneous Jurisdiction Case No.2781 of 2010 ====================================================== Ashok Kumar Mukherjee, son of late Rama Prasad Mukherjee, resident of Mohalla- Tahal Tola, P.S.- Phulwarisharif, Town and District- Patna. .... .... Petitioner/s Versus 1. Sri Yamuna Prasad Singh, the Chairman, Bihar State University (Constituent College) Service Commission, Gokul Path, Boring Road, Patna. 2. Sri Krishna Kumar Singh, Secretary, Bihar State University (Constituent College) Service Commission, Gokul Path, Boring Road, Patna. 3. Sri K.K. Pathak, the Secretary, Human Resources Development Department, New Secretariat, Vikash Bhawan, Bailey Road, Patna. 4. Sri Janardan Prasad Singh, the Director, Higher Education, Government of Bihar, New Secretariat, Vikas Bhawan, Bailey Road, Patna. 5. Sri Rameshwar Singh, name of father not known to the petitioner, Principal Secretary, Finance Department, Govt. of Bihar, Main Secretariat, Patna. .... .... Opposite Party/s ====================================================== with Miscellaneous Jurisdiction Case No.2782 of 2010 ====================================================== Madan Mishra, son of late Purushottam Mishra, resident of Mohalla- Defence Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s Versus 1. Sri Yamuna Prasad Singh, the Chairman, Bihar State University Patna High Court MJC No.1868 of 2010 (22) dt.16-04-2014 2 (Constituent College) Service Commission, Gokul Path, Boring Road, Patna. 2. Sri Krishna Kumar Singh, Secretary Bihar State University (Constituent College) Service Commission, Gokul Path, Boring Road, Patna. 3. Sri K.K. Pathak, the Secretary, Human Resources Development Department, New Secretariat, Vikas Bhawan, Bailey road, Patna. 4. Sri Janardan Prasad Singh, the Director, Higher Education, Government of Bihar, New Secretariat, Vikas Bhawan, Baily Road, Patna. 5. Sri Rameshwar Singh, name of father not known to the petitioner, Principal Secretary, Finance Department, Govt. of Bihar, Main Secretariat, Patna. .... .... Opposite Party/s ====================================================== Appearance : (In MJC No.1868 of 2010) For the Petitioner/s : Mr. Kishore Kumar Thakur For the Opposite Party/s : Mr. Vikash Kumar, AC to PAAG (In MJC No.2781 of 2010) For the Petitioner/s : Mr. Kishore Kumar Thakur For the Opposite Party/s : Mr. Vikash Kumar, AC to PAAG (In MJC No.2782 of 2010) For the Petitioner/s : Mr. Kishore Kumar Thakur For the Opposite Party/s : Mr. Vikash Kumar, AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22 16-04-2014 Mr. Kishore Kumar Thakur, learned counsel appearing on behalf of the petitioners in the three applications and Mr. Vikash Kumar, learned Assisting Counsel to Principal Additional Advocate General for the State and its officials in these applications are present. Today another supplementary show cause has been filed by the opposite party no.3 in M.J.C. No.2782 of 2010 enclosing a photo copy of the chart showing the arrears of pension payable to the petitioner(s) and others and also enclosing photo copies of the drafts showing payment of the Patna High Court MJC No.1868 of 2010 (22) dt.16-04-2014 3 entire amount payable to the petitioner(s) together with 10% interest thereon as per the orders passed in the batch of writ petitions which are subject matter of the present proceedings. The position is not disputed by Mr. Thakur, learned counsel appearing for the petitioner(s), who admits to the payment but submits that the petitioner(s) may be afforded a liberty to question the calculation of the arrears made by the State authorities and if found to be not correct, to approach the proper forum in this regard. The liberty asked by Mr. Thakur cannot be denied and is accepted. Learned counsel for the petitioner(s) has also expressed apprehensions as regarding the maintenance of regularity in payment of pension by the State authorities considering the time that has been taken by them in implementing the order passed by the writ court. He further seeks liberty as regarding their right to claim additional interest in terms of the order passed in the writ proceedings. In so far as the right to claim additional interest is concerned, the remedy for the petitioner(s) would lie elsewhere and not in the present contempt proceedings. That the opposite parties have discharged their obligation and which is not contested, the proceedings cannot continue endlessly. Patna High Court MJC No.1868 of 2010 (22) dt.16-04-2014 4 In so far as payment of current pension is concerned, the Principal Secretary of the Education Department is bound by his statement made in paragraph 8 of the show cause filed in M.J.C. No.2782 of 2010 wherein he has specifically stated that the current pension was being paid to the petitioner(s). With the observations aforementioned, these contempt applications are disposed of and the proceedings are dropped. SKPathak/- (Jyoti Saran, J)