IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.2 of 2010 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR, R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA ………. APPELLANT. Versus 1. THE STATE OF BIHAR, THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCATION OFFICER, SIWAN, 4. SHRI UMESH TIWARY, THE RANGE EDUCATION OFFICER, MAIRWA, DISTT.- SIWAN, 5. SHRI VANDANA PRIYADASHI, THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), SIWAN, 8. SRI VIDYA SHANKAR DWIVEDI, THE HEADMASTER-CUM- DRAWING DISBURSING OFFICER, GOVT. BASIC SCHOOL, JAIJOR, ANCHAL- ANDAR, DISTT.- SIWAN, OPPOSITE PARTIES-RESPONDENTS 1ST SET. 9. BRAJ RAJ BHAKTA S/O SRI RAM NATH BHAKTA R/O VILL.- BALUAN MATHIYA, P.O.- MATHIYA, P.S.- DARAULI, DISTT.- SIWAN AT PRESENT POSTED AS A ASSISTANT TEACHER IN GOVERNMENT BASIC SCHOOL JAIJOR, ANCHAL ANDAR, DISTT.- SIWAN PETITIONER/RESPONDENT 2ND SET. WITH MA No.3 of 2010 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA OPPOSITE PARTY NO.3-APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN - 2 - RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI OM PRAKASH SHUKLA, THE DISTRICT EDUCATION OFFICER, CHAPRA, 4. SHRI MAZHAR ALAM, THE RANGE EDUCATION OFICER, AMANAUR, DISTT.- SARAN, 5. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), SARAN AT CHAPRA, 8. SRI RAM PRIT RAY, THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, DIHEE, ANCHAL- MAKER, DISTT.- SARAN, --- OPPOSITE PARTIES/ RESPONDENTS 1ST SET. 9. LAKSHMI PRASAD YADAV S/O LATE HARI HANGI YADAV R/O VILL. AND P.O.- TIWAYEE, P.S.- RUDRA PUR, DISTT.- DEORIA (U.P.) --- PETITIONER/RESPONDENT 2ND SET. WITH MA No.4 of 2010 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA ---OPPOSITE PARTY NO.3-APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA -- OPPOSITE PARTIES/RESPONDENTS 1ST SET. 3. PARAS NATH PANDEY S/O LATE RAM RAJ PANDEY R/O VILL.- DIGWALIA, P.S.- RAGHUNATH PUR, DISTT.- SIWAN, 4. RAJ KISHORE SINGH S/O DHANUSHDHARI SINGH R/O VILL.- NARHARPUR, P.S.- BASANTPUR, DISTT.- SIWAN, 5. RAVINDRA KUMAR SINGH S/O LATE RAJ BALI SINGH R/O VILL.- NARHARPUR, P.S.- BASANTPUR, DISTT.- SIWAN, 6. DEVDATTA RAM S/O LATE SHIV BACHAN MANJHI R/O VILL.- JAGADISHPUR, P.S.- BHAGWANPUR, DISTT.- SIWAN, --PETITIONERS/RESPONDENTS 2ND SET. WITH MA No.784 of 2009 - 3 - RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA OPPOSITE PARTY NO.3-APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI RANJEET PRATAP NARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI PEYARE MOHAN TIWARY, THE RANGE EDUCATION OFICER, BARAULI, DISTT.- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), GOPALGANJ, 8. THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, THAWE, ANCHAL-THAWE, DISTT.-GOPALGANJ, --- OPPOSITE PARTIES/ RESPONDENTS 1ST SET. 9. NAND JEE PRASAD, SON OF LATE VISHWANATH PRASAD, RESIDENT OF VILLAGE-ASHWAN, PO-ASHWAN, P.S.-ASHWAN, DISTRICT-SIWAN. -- PETITIONER/RESPONDENT 2ND SET. WITH MA No.785 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA ………..OPPOSITE PARTY NO.3./APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCATION OFFICER, SIWAN, 4. SHRI SHAMBHU NATH TRIPATHI, THE RANGE EDUCATION OFFICER, RAGHUNATH PUR, DISTT.- SIWAN, - 4 - 5. SMT. VANDANA PRIYADARSHI,THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), SIWAN, 8. SHRI VIDYA SHANKAR DWIVEDI, HEADMASTER-CUM- DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, JAIJOR, ANCHAL-ANDAR, DISTT.- SIWAN. …. OPPOSITE PARTIES/RESPONDENTS 1ST SET. 9. KESHAV KUMAR MISHRA S/O LATE RABINDRANATH MISHRA R/O VILL. & P.O.- DARAILI MATHIYA, P.S.- DARAULI,DISTT.- SIWAN …. PETITIONER/RESPONDENT 2ND SET. WITH MA No.786 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA …OPPOSITE PARTY NO.3/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI RANJIT PRATAP NARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI VIJAY KUMAR PANDEY, THE RANGE EDUCATION OFFICER, GOPALGANJ, DISTT.- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), GOPALGANJ, 8. THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, CHAILWA, ANCHAL- KUCHAI KOT, DISTT.- GOPALGANJ. ….. OPPOSITE PARTIES/ RESPONDENTS 1ST SET. - 5 - 9. SURENDRA NATH CHAUBEY S/O LATE BADRI NATH CHAUBEY R/O VILL.- CHANDAUR, P.O.- TARWA PARSIA, P.S.- DARAULI, DISTT.- SIWAN …. PETITIONER/RESPONDENT 2ND SET. WITH MA No.787 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA……………………………..APPELLANT Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCATION OFFICER, SIWAN, 4. SHRI UMESH TIWARY, RANGE EDUCATION OFFICER, MAIRWA, DISTT.- SIWAN, 5. THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), SIWAN, 8. SHRI BRIJ KISHORE PANDEY, THE HEADMASTER-CUM- DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, DARAILI MATHIYA, ANCHAL- DARAULI, DISTT.- SIWAN, …. OPPOSITE PARTIES/RESPONDENTS 1ST SET. 9. SHEOJEE YADAV S/O LATE BANS RAJ YADAV R/O VILL. & P.O.- BALUA MATHIYA, VIA DON, P.S.- DARAULI, DISTT.- SIWAN AT PRESENT POSTED AS AN ASSISTANT TEACHER IN GOVT. BASIC SCHOOL JAIJOR, ANCHAL- ANDAR,DISTT.- SIWAN …. PETITIONER/RESPONDENT 2ND SET. WITH MA No.788 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA .. OPPOSITE PARTY NO.3/APPELLANT. - 6 - Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA , 3. SHRI RANJIT PRATAP NARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI PYARE MOHAN TIWARY, THE RANGE EDUCATION OFFICER, BHORE, DISTT.- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), GOPALGANJ, 8. THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, DARAILI MATHIYA, ANCHAL- DARAULI, DISTT.- GOPALGANJ. ……..OPPOSITE PARTIES/RESPONDENTS 1ST SET. 9. YOGENDRA RAI S/O LATE SHIVA MANGAL RAI R/O VILL. AND P.O.- DHANAUTI, P.S.- SIWAN MUFFASIL, DISTT.- SIWAN AT PRESENT POSTED AS AN ASSISTANT TEACHER IN GOVT. BASIC SCHOOL, BANKATTA, ANCHAL-BHORE,DISTT.- SIWAN. … PETITIONER/RESPONDENTS. WITH MA No.789 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA …. .OPPOSITE PARTY NO.3/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCATION OFFICER, SIWAN, 4. SHRI UMESH TIWARY, THE RANGE EDUCATION OFFICER, MAIRWA, DISTT.- SIWAN, - 7 - 5. SHRI VANDANA PREYASI, THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), SIWAN, 8. THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, MAHUJA, ANCHAL- DARAULI, DISTT.- SIWAN. ……….OPPOSITE PARTIES/ RESPONDENTS 1ST SET. 9. KUMARI DEOSUNDARI D/O LATE GOPI NATH RAI, W/O SHRI RAI BAHADUR RAI R/O VILL. & P.O.- KEWATALIA, P.S.-DARAULI, DISTT.- SIWAN … PETITIONER/RESPONDENT 2ND SET. WITH MA No.790 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL.- AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA ….. OPPOSITE PARTY NO.3/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI RANJIT PRATAP NARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI VIJAY KUMAR PANDEY, THE RANGE EDUCATION OFFICER, GOPALGANJ, DISTT.- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), GOPALGANJ, 8. THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, DARAILI MATHIYA, ANCHAL- DARAULI, DISTT.- GOPALGANJ. .... OPPOSITE PARTIES/RESPONDENTS 1ST SET. 9. RAM HRIDYA RAY S/O LATE KALI PRASAD RAY R/O VILL. AND P.O.- BELAWAN, P.S.- DARAULI, DISTT.- SIWAN AT - 8 - PRESENT POSTED AS AN ASSISTANT TEACHER IN GOVT. BASIC SCHOOL, BANKATTA, ANCHAL- BHORE, DISTT.- GOPALGANJ .. PETITIONER/RESPONDENT 2ND SET. WITH MA No.791 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA …. OPPOSITE PARTY NO.3/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA MR. ANJANI SINGH, 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA MR. PARAKASH CHANDRA SINGH. .OPPOSITE PARTIES NO.1 AND 2/RESPONDENTS 1ST SET. 3. SADANAND BAITHA S/O LATE HAZARI BAITHA R/O VILL.- SALAWAR TOLA, TOLA P.S.- PACHARUKHI, DISTT.- SIWAN, 4. BHUWANESHWAR PRASAD S/O CHANDRIKA PRASAD R/O VILL.- BELWA MATHIYA, P.S.- BARAULI, DISTT.- SIWAN .... PETITIONERS/RESPONDENTS 2ND SET. WITH MA No.792 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL. AND P.S.- MAHUA DARAN DISTT.- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA…………………………………………APPELLANT. VERSUS 1. THE STATE OF BIHAR THROUGH SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SHRI RANJIT PRATAP NARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI VIJAY KUMAR PANDEY, THE RANGE EDUCATION OFFICER, GOPALGANJ, DISTT.- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN (NAME NOT KNOWN), DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, - 9 - 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), GOPALGANJ, 8.THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER (NAME NOT KNOWN), GOVT. BASIC SCHOOL, DARAILI MATHIYA, ANCHAL- DARAULI, DISTT.- GOPALGANJ. .. OPPOSITE PARTIES/ RESPONDENTS 1ST SET. 9. VIJAY SHANKAR CHAUBEY S/O LATE KANTA CHOUBEY R/O VILL.- CHANDAUL, P.O.- DARAIL MATHIYA, P.S.- DARAULI, DISTT.- SIWAN .. PETITIONER/RESPONDENT 2ND SET. WITH MA No.805 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIYUSH KUJUR R/O VILL & P.S-MAHUA DARAN, DISTT- LATEHAR, AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION CHAPRA. …... OPPOSITE PARTY NO.3/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOV. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIECTOR PRIMARY EDUCATION, BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCATION OFFICER, SIWAN, 4. SHRI UMESH TIWARY, THE RANGE EDUCATION OFFICER, MAIRWA, DISTT- SIWAN, 5. SHRI VANDANA PREYASHI, THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER, SIWAN, 8. SRI BRIJ KISHORE PANDEY THE HEAD MASTER-CUM- DRAWING DISBURSING OFFICER, GOVT. BASIC SCHOOL DARAILI, MATHIYA, ANACHAL- DARAULI, DISTT- SIWAN. ….. OPPOSITE PARTIES/RESPONDENTS 1ST SET. 9. MAHESH PRASAD YADAV, S/O LATE DEO DHARI YADAV, R/O VILL- BALUA, MATHIYA, PO- MATHIYA, P.S- DARAULI,DISTT- SIWAN. … PETITIONER/RESPONDENT 2ND SET. WITH MA No.807 of 2009 - 10 - RAJESH DAMIYAN KUJUR S/O SRI PIYUSH KUJUR R/O VILL AND P.S- MAHUA DARAN, DISTT- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA .. OPPOSITE PARTY NO.3/APPELLANT. Versus 1.THE STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETRY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCATION OFFICER, SIWAN, 4. THE RANGE EDUCATION OFFICER MAHARAJGANJ, DISTT- SIWAN, 5. SRI VANDANA PREYASHI, THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER (NAME NOT KNOWN), SIWAN 8. THE HEADMASTER-CUM-DRAWING DISBURSING OFFICER(NAME NOT KNOWN), GOVT. BASIC SCHOOL, BALA JALALPUR, ANCHAL-LAKARI NAVIGANJ, DISTT- SIWAN. ….OPPOSITE PARTIES/ RESPONENTS 1ST SET. 9. NANDJI PRASAD S/O LATE KHUB LAL SAH R/O VILL. AND PO- BELWAN, P.S- DARAULI, DISTT- SIWAN ..PETITIONER/RESPONDENT 2ND SET . WITH MA No.808 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIYUSH KUJUR R/O VILL AND P.S- MAHUA DARAN, DISTT- LATEHAR AT PRESENT POSTED AS RGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA …. OPPOSITE PARTY NO.3/APPELLANT. Versus 1. STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RSOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA, 3. SHRI JYOTI KUMAR, THE DISTRICT EDUCTION OFFICER, SIWAN, 4. SRI UMESH TIWRY, THE RANGE EDUCATION OFFICER, MAIRWA, DISTT- SIWAN, - 11 - 5. THE DISTRICT MAGISTRATE, SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. THE DISTRICT TREASURY OFFICER( NAME NOT KNOWN), SIWAN, 8. SHRI BRIJ KISHORE PANDEY THE HEADMASTER-CUM- DRAWING DISBURSING OFFICER , GOVT. BASIC SCHOOL, DARAILI MATHIYA, ANCHAL-DARAULI, DISTT- SIWAN. ….OPPOSITE PARTIES/RESPONDENTS 1ST SET. 9. RAMDEO YADAV, S/O LATE MAHENDRA YADAV, R/O VILL & P.O- MURA KHAP, P.S DARAULI, DISTT- SIWAN. ………………………..PETITIONER/RESPONDENT 2ND SET. WITH MA No.809 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL AND P.S- MAHUA DARAN, DISTT- LATEHAR AT PRESENT POSTED ON REGIONAL DEPUTY DIECTOR OF EDUCATION, CHAPRA … OPPOSITE PARTY NO.3/APPELLANT. Versus 1. STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPRTMENT, GOVT. OF BIHAR, PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA, 3. SRI RANJIT PRATAP NAARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI PEYARE MOHAN TIWARY, RANGE EDUCATION OFFICER, GOPALGANJ, DISTT- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, 7. THE DISTRICT TREASURY OFFICER, GOPALGANJ, 8. THE HEAD MASTER-CUM-DRAWING DISBURSING OFFICER(NAME NOT KNOWN) GOVT. BASIC SCHOOL BANKATTA, ANCHAL- BHORE, DISTT- GOPALGANJ. …OPPOSITE PARTIES/ RESPONDENTS 1ST SET. 9. RAMAYAN YADAV, S/O LATE MAKUNDHAR YADAV R/O VILL- BALUAN MATHIYA, PO- MURA KHAP, P.S DARAULI,DISTT- SIWAN …PETITIONER/RESPONDENT 2ND SET. WITH MA No.813 of 2009 - 12 - RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL & P.S. MAHUA DARAN, DISTT. LATEHAR, AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION CHAPRA ..OPPOSITE PARTY NO.3/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY EDUCATION DEPTT., GOVT. OF BIHAR, PATNA, MR. ANJANI SINGH, 2. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA. ..OPPOSITE PARTIES NO.1 & 2/RESPONDENTS 1ST SET. 3. SHAMBHU NATH UPADHAYAY S/O SURAJDEO UPADHAYAY R/O VILL- SARIPATTI, P.S. BHAGWANPUR HAT, DISTT. SIWAN, 4. DAYA SHANKAR UPADHYAY S/O SURAJDEO UPADHAYAY R/O VILL- SARIPATTI, P.S. BHAGWANPUR HAT, DISTT. SIWAN, 5. RADHEY SHYAM MISHRA S/O RAM CHANDRA MISHRA R/O VILL- TELKATHU, P.S. M.H. NAGAR, DISTT. SIWAN, 6. YOGENDRA KUMAR TRIPATHI S/O LATE PHULENA TRIPATHI R/O VILL- SATHIYAR, P.S. KHUKHUNDA, DISTT. DEWARIA (U.P.), 7. BIRENDRA KUMAR SHARMA S/O SRI PASHUPATI SHARMA R/O VILL- MOHAMMADPUR, P.S. BHAGWANPUR, DISTT. SIWAN …PETITIONERS/RESPONDENTS. WITH MA No.806 of 2009 RAJESH DAMIYAN KUJUR S/O SRI PIUSH KUJUR R/O VILL AND P.S- MAHUA DARAN, DISTT- LATEHAR AT PRESENT POSTED AS REGIONAL DEPUTY DIRECTOR OF EDUCATION, CHAPRA …. OPPOSITE PARTY NO.3/APPELANT. Versus 1. STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR. PATNA, 2. SHRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATN. 3. SHRI RANJIT PRATAP NARAIN SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, 4. SHRI VIJAY KUMAR PANDEY, THE RANGE EDUCATION OFFICER, GOPALGANJ, DISTT- GOPALGANJ, 5. THE DISTRICT MAGISTRATE, GOPALGANJ, - 13 - 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, GOPALGANJ, 7. THE DISTRICT TREASURY OFFICER(NAME NOTE KNOWN), GOPALGANJ, 8. THE HEAD MASTER-CUM-DRAWING DISBURSING OFFICER GOVT. BASIC SCHOOL, JIGANA, ANCHAL, HATHUWA, DISTT- GOPALGANJ. …..OPPOSITE PARTIES/ RESPONDENTS 1ST SET. 9. PANCHANNAND YATI, S/O LATE BALARAM YATI, R/O VILL- TALI MATHIYA P.O- BALUA, P.S- BANKATTA, DISTT-DEORIA(UTTAR PRADESH). ... PETITIONER/RESPONDENT 2ND SET. For the appellant : Mr. Bajarangi Lal, Advocate. ( in all the appeals) For respondents 2nd set : Mr. Ravindra Nath Dubey, Advocate. (in M.A.nos.791/2009, 813/2009& 04/2010) For respondents 2nd set : Mr. Umesh Kumar Mishra, Advocate (in all the appeals, except M.A.No.791/2009, 813/2009 & 04/2010) ----- 02. 08.02.2010. Heard Mr. Bajrangi Lal, learned counsel for the appellant and Mr. Ravindra Nath Dubey, learned counsel for the respondents 2nd Set in M.A.No.791 of 2009, M.A.No.813 of 2009 and M.A.No.04 of 2010 and Mr. Umesh Kumar Mishra, learned counsel for the respondents 2nd Set in rest of the appeals. 2. In these appeals assail is to the common order dated 02.12.2009 passed by the learned Single Judge in M.J.C. No.1893 of 2008 (Sadanand Baitha & anr Vs. The State of Bihar & ors) and other connected matters wherein he has held as follows:- - 14 - “Thus, it would be seen that notwithstanding judgment of this Court delivered on 20.05.2008 first authorities start moving in March, 2009, contempt applications having been filed in July-August, 2008 itself. Then they await not the result but filing of the L.P.A. as if the authorities have a right not to implement the judgment of this court because they intend to file L.P.A. and so long as they sleep over the matter, they can stay the implementation of the judgment of this court. This I say because up to April, 2009 i.e. for whole of year the L.P.A was not filed. Then when it was filed and summarily dismissed then again there are only letters which run from pillar to posts without delivery. It is regretted that till today which is more than 1 and ½ years after the judgment and almost 8 months after dismissal of L.P.A. the petitioners are yet to reap full benefit of the judgment of this Court. This clearly shows the reluctance on parts of the Regional Deputy Director, Education, Saran, and the District Education Officers, Chapra and Siwan to take effective steps for giving the benefit of the judgment to the petitioners without any undue favour. That is indeed a serious matter. It affects the majesty of Court, the dignity of Court and is destructive of rules of law in every aspect. All steps are calculated steps to delay if not deny implementation of orders of this Court. Where efforts were made to comply the orders of this Court like by the District Education Officer, Gopalganj, he was pulled up by the Regional Deputy Director, Education. In such a situation, I am left with no options but to hold the Regional Deputy Director, Education, Saran, the District Education Officer, Siwan and the District Education Officer, Chapra, guilty of willful committing contempt of this Court. In view of the undertaking earlier given by the Director, Primary Education that entire payment would be clear within two months as recorded in order dated 20.11.2009 I direct that each of the petitioners be compensated with a cost of Rs.20,000/- (Rupees twenty thousand) which would be recovered from these three officers, but payment to the petitioners would not await recovery. That would be an adequate punishment for the contempt they have committed. All these contempt applications in so far as these contemnors are concerned stand discharged in the manner indicated above.” 3. Mr. Bajrangi Lal, learned counsel appearing for one of the contemners stated that the amount which is payable to the writ - 15 - petitioners who had initiated the proceeding for contempt has been paid. Learned counsel submitted that when the order has been complied in entirety there was no justification on the part of the learned Single Judge to direct payment of compensation by way of costs at Rs.20,000/- to be recovered from the contemners. Be it noted, Rs.20,000/- has been awarded as costs for each of the writ petitioners. On a query being made, Mr. Ravindra Nath Dubey and Mr. Umesh Kumar Mishra, fairly stated the major amount has been paid but some amount still is due. 4. Having heard learned counsel for the parties and upon perusal of the order of the learned Single Judge, we are of the considered opinion that when steps have already been taken and assurance for payment has been made, there was no justification to impose costs which did tantamount to punishment for contempt. We are disposed to think they were making all endeavour to comply with the order of this court and hence a finding that they had committed contempt should not have been recorded and also taking note of the fact the major amount has already been paid and what remains to be paid is in the realm of dispute, we are inclined to set aside that part of the order where the learned Single Judge has found them guilty and imposed punishment. We further hold that in case any dispute remains, as agreed to Mr. Bajrangi Lal, if a representation is made - 16 - within a period of three months, the same shall be looked into within a period of three months therefrom and an order shall be communicated. 5. In the result, these appeals are allowed and the order passed in the MJC is set aside to the extent indicated above. As we have disposed of the appeals, nothing would remain to be adjudicated in the MJC and, accordingly, it shall be deemed to have been disposed of. If any other grievance is alive as conceived by the learned counsel for the respondents, it is open to them to file independent petition, if so advised. 6. A copy of this order be kept in the file of each MJC. (Dipak Misra, C.J.) (Mihir Kumar Jha, J.) Sunil/