IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2660 of 2011 1. Damyanti Kumar, Wife of Shri Sheo Shankar Kumar, retired Assistant Teacher, Government girls Middle School, Kamruddinganj, Biharsharif, Dist. Nalanda, at present residing at Mohalla Kankarbagh, P.S. Kankarbagh, Dist. Patna. 2. Hemant Rai Saxena, son of late Mahtab Rai, retired Assistant Teacher, Government Girls High School, Patna City, Dist. Patna, residing at Diwan Mohalla, Shree Ghat, Patna City, P.S. Khajekalan, Dist. Patna. 3. Bimla Devi, Wife of late Ramesh Prasad, retired Assistant Teacher, Government Girls Middle School, Kamruddinganj, Biharsharif, Dist. Nalanda, at present residing at Mohalla Moghalpura, Patna City, P.S. Khajekalan, Dist., Patna. 4. Shail Kumari, wife of Shri Shandra Shekhar Prasad. 5. Mala Sinha, Wife of Shri Kedar Prasad. Petitioner Nos. 4 and 5 are at present working as Assistant Teacher in Government Girls Middle School, Kamruddinganj, Biharsharif, Dist. Nalanda. -------- Petitioners Versus 1. The State of Bihar through Mr. Anjani Kumar Singh, I.A.S., Principal Secretary, Human Resources Department, Government of Bihar, Patna. 2. Mr. K.P. Sinha, I.A.S., Director, Secondary Education-cum- Special Secretary, Human Resources Department, Government of Bihar, Patna. 3. Mr. , Deputy Director, Secondary Education, Human Resources Department, Government of Bihar, Patna. ------------- Respondents ----------- 3 12.12.2011 Heard learned counsel for the parties. Pursuant to the order of this Court dated 27.9.2011, a show-cause reply has been filed, wherein, it has been stated that out of five petitioners, four of them have been given promotion by an order dated 29.9.2011 but, since the petitioner no.5, namely, Mala Sinha was not found eligible for such promotion, she could not be included in the 2 list of promotion. Mr. Gyanand Roy, learned counsel for the petitioners, would seriously object to such stand taken by the learned counsel for the State and would submit that even Mala Sinha was eligible for such promotion and as a matter of fact, when she came to know of the order of promotion issued in respect of rest of the four petitioners dated 29.9.2011, she had already filed her representation on 13.10.2011 highlighting that even she was senior to Smt. Nilam Sinha and Ranjana Kumari. In the considered opinion of this Court when only a direction for reconsideration of the case of promotion of the petitioners was given in the connection writ applications and if out of five of them, four have been given such promotion, there would be no question of either initiating a proceeding of contempt or holding them guilty. If there is a dispute as with regard to the case of the petitioner, Mala Sinha, and she has already filed a representation on 13.10.2011, this Court would only direct the Director, Secondary Education to take his 3 final decision and communicate his resultant order to her (Mala Sinha) within a period of three months from the date of receipt/production of a copy of this order. That being so, as the order of this Court has been substantially complied, this contempt proceeding is accordingly dropped. Rsh (Mihir Kumar Jha, J.)