IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.292 of 2010 With MJC No.393 of 2010 ***** In MJC No.292 of 2010: 1. Harendra Kumar Dubey, son of Sri Ramayan Dubey, resident of Village and Post- Santhi, P.S.- Raghunathpur, District- Siwan. 2. Suman Kumar Singh, son of Sri Ram Krishna Singh, resident of At P.O.- Banso Pali, P.S.- Siwan Mufassil, District- Siwan. 3. Arun Kumar, son of Late Ravindra Nath Sinha, resident of At Mairwa Dham, P.O.- Anugrah Nagar, P.S.- Mairwa, District- Siwan. 4. Durga Dutt Tiwari, son of Vidya Dhar Tiwari, resident of At P.O. - Done, P.S. - Darauli, District- Siwan. 5. Amitav Kumar, son of Raj Ballabh Singh, resident of village- Kauria, P.S.- Bhagwanpur Hatt, District- Siwan. 6. Ravi Shankar Singh, son of Sri Krishna Pratap Singh, resident of Village- Bishunpura, P.S.- Chappra Mufassil, District- Chappra. 7. Birendra Kumar, son of Srijai Mangal Prasad, resident of Village- Lalu Chappra, P.S.- Para, District- Muzaffarpur. 8. Suresh Singh, son of Chandrama Singh, resident of Village- Pachrukhwa, P.S.- Masrakh, District- Chappra. 9. Binay Kumar Singh, son of Late Bhuneshwar Singh, resident of Village- Dharampura, P.S.- Dautpur, District- Chappra. 10. Shambhu Prasad Singh, son of Sri Raj Narayan Singh, resident of village-Navratanpur, P.S.- Taraiyan, District- Chappra. 11. Rameshwar Ojha, son of Sri Deo Kumar Ojha, resident of village- Masrakh, P.S.- Masrakh, District- Chappra. 12. Shivendra Prasad Singh, son of Late Baccha Prasad Singh, resident of village.- Kauria, P.S.- Bhagwanpur Hatt, District- Siwan. 13. Mridula Kumari, wife of Sri Parmeshwar Thakur, resident of village- Patahi Jagannath, P.O.- Patahi, District- Muzaffarpur. 2 14. Awanindra Kumar, son of Late Phulena Singh, resident of village- Karahi Kala, P.S.- Basantpur, District- Siwan. 15. Sateshwar Nath Pandey, son of Late Paras Nath Pandey, resident of village- Pareji, P.S.- Andar, District- Siwan. 16. Ajay Kumar Singh, son of Shyam Bahadur Singh, resident of village- Arkapur, P.S.- Asawan, District- Siwan. 17. Dhrub Narain Singh, son of Late Sahdeo Singh, resident of village- Nainpura, P.S.- Pachrukhi, District- Siwan. 18. Nakul Upadhyay, son of Baidyanath Upadhyay, resident of village- Dhanao, P.S.- Baniapur, District- Chappra. 19. Suresh Pandey, son of Late Ramprit Pandey, resident of village- Repura, P.S.- Baniyapur, District- Saran (Chappra). …..Petitioners. Versus 1. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. Anjani Kumar Singh, father's name not known to the petitioner, Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. Ashutosh, father's name not known to the petitioner, Director (Primary Education), Human Resources Development Department, Government of Bihar, Patna. 4. Mukhdeo Singh, father's name not known to petitioners, Deputy Director (Primary Education), Human Resources Development Department, Government of Bihar, Patna. 5. Govind Narain Akhouri, father's name not known to petitioners, Secretary, Bihar Public Service Commission, Bailey Road, Patna. ......Opposite Parties. In MJC No.393 of 2010: 1. Krishna Prasad, S/o Late Mahabir Prasad, resident of Ramgarh Mathiya, Krishna Ghat, P.S.- Pirbahore, Town and District- Patna, At Present Resident E Block G/1 Gangotri Enclave, Kadma, P.O. and P.S.- Kadma, District- Jamshedpur ( Jharkhand ). 2. Ashok Kumar, son of Late Bangali Singh, resident of village- Tandapar, P.O.- Sirnawa, P.S.- Chandi, District- Nalanda. 3 3. Shyam Sunder Singh, S/o Late Ram Balak Singh, C/O B.P. Singh (Teacher), S.S. High School, Baghmara, P.O.- Baghmara, Via- Nawagarh, P.S.- Baghmara, District- Dhanbad, At present Village- Karjan, P.O.- Karjan, P.S.- Athmalgola, District- Patna. 4. Tulanand Lal Das, son of Late Uma Kant Lal Das, resident of village and P.O.- Sherpur, P.S.- Sakatpur, District- Darbhanga. 5. Kameshwar Prasad Singh, son of Shri Chandrika Prasad, resident of Mohalla- South Mandiri, P.S.- Buddha Colony, Town and District- Patna. 6. Mithilesh Kumar Singh, S/o Late Damodar Singh, village and P.O.- Chandwa, P.S.- Chandwa, District- Palamu. 7. Kameshwar Thakur, S/o Harish Chandra Thakur, R/o village and P.O. - Suvash, P.S.- Gaighat, District- Muzaffarpur. …..Petitioners. Versus 1. The State of Bihar, through the Secretary, Shri Anjani Kumar Singh, Human Resources Development Department (Education Department), New Secretariat, Vikash Bhawan, Patna. 2. Sri Ashutosh Kumar, the Director, Primary Education, Government of Bihar, New Secretariat, Vikash Bhawan, Patna. 3. The R.J.M. Pillai, the Chairman, Bihar Public Service Commission, Bihar, Patna. …….Opposite Parties. ----------- 09- 6.9.2011 Heard Mr. Akashdeep for the petitioners, and Mr. Jasbir Singh Arora, learned Standing Counsel No.6 for opposite party nos.1 to 4. This application under Article 215 of the Constitution of India, read with sections 11 and 12 of the Contempt of Courts Act, has been filed by the petitioners of C.W.J.C. No.454 of 1992, and C.W.J.C. No.6539 of 1991, for the alleged non-implementation of the common judgment 4 dated 16.10.2009, whereby the State Government was directed to fill up 86 posts in the Subordinate Education Service (Primary Section). The parties have placed on record their pleadings. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us that the writ petitions related to vacancies which had occurred way back in 1988. On contest the two writ petitions were allowed by common judgment dated 16.10.2009, whereby the State Government was directed to fill up 86 posts. Operative portion of the order is reproduced hereinbelow: “It, therefore, follows that the State Government is obliged to fill up from the present selection process, like number of vacancies by candidates of the general category as have been filled up by candidates of the reserved categories. Let the Commission send a supplementary list of the candidates in accordance with the directions indicated hereinabove within a period of two months from the date of receipt and/or production of a copy of this judgment. The fresh appointees shall be entitled to their seniority in accordance with the merit list and consequential benefits….” The State Government challenged the judgment before the Supreme Court which was dismissed. 3. The contemners have placed on record their show- cause, wherein it is stated that the Commission 5 recommended to the State Government, 86 candidates from the merit-list. The State Government accepted the recommendations made by the Commission and published general notice in the local newspaper for wide circulation, and information to the 86 candidates. It is further stated in the cause shown by the State Government that only 50 persons responded to the notice of the State Government. Amongst these 50 persons, there were two persons of the same name claiming the same post. The respondent authorities made enquiries and have identified the genuine person as a result of which notification of appointment has been issued to 49 candidates, vide notification no.1658, dated 5.9.2011 (Annexure-J). It thus appears to us that part of the order in so far as appointment of requisite number of persons is concerned, has been complied. 4. It further appears to us from the cause shown and the grievances raised by the petitioners that the following portion of the judgment in question has not so far been complied with: “…The fresh appointees shall be entitled to their seniority in accordance with the merit list and consequential benefits...” This application is disposed of with the direction to the Director (Administration) of Human Resources 6 Development Department to ensure compliance of this part of the judgment within a period of six months. It is made clear that the expression “consequential benefits” means the entire arrears of salary. 5. This application is accordingly disposed of. (S K Katriar, J.) (Shyam Kishore Sharma, J.) S.K.Pathak/