IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2740 of 2007 1. JAI PRAKASH SAH, SON OF SRI RAM SAH, R/V FATEHPUR SARAIYA, P.O. DUMRI(MAJHI) DISTRICT SARAN(CHAPRA). 2. SHEOJI SAH, SON OF SRI CHULHAN SAH, R/V MANJHI BHATOLI, P.S. MANJHI, DISTRICT SARAN(CHAPRA) 3. NAYAN KUMAR, SON OF SRI CHANDRAMA SAH, R/V INDCULI, P.O. AND P.S. MAHARAJGANJ, DISTRICT SIWAN. 4. PREMI SAH, SON OF LATE GOPI CHAND SAH, RESIDENT OF VILLAGE INDAULI, P.O. AND P.S. MAHARAJGANJ, DISTRICT SIWAN. 5. LAL BABU SAH, SON OF SRI BALDEO SAH, RESIDENT OF VILLAGE SENDUAR, P.O. DAYALPUR, P.S. JANTA BAZAR, DISTRICT SARAN(CHAPRA). 6. BRAJ KISHORE SAW, SON OF SRI RAM AYODHYA PRASAD, RESIDENT OF VILLAGE PACHRUKHIA, P.O. KOPASAMPHETA, P.S. KOPA, DISTRICT GAYA. 7. RAMAYAN PRASAD, SON OF LATE RAM BRIKSHA SAH, RESIDENT OF VILLAGE MAIRITAR, P.O. DUMARAHAR, P.S. GUTHANI, DISTRICT SIWAN. 8. RAMESHWAR SAH, SON OF LATE YOGILAL SAH, RESIDENT OF VILLAGE AND PO.O. SIKATIYAN, P.S. MAHARAJGANJ, DISTRICT SIWAN. 9. SITARAM SAH, SON OF CHANDESHWAR SAH, RESIDENT OF VILLAGE SARDARGANJ, P.O. BISHUNPURA, P.S. MASRAKH, DISTRICT SARAN(CHAPRA)--------PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER AND SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. SRI ANJANI KUMAR SINGH, I.A.S. THE COMMISSIONER AND SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. SRI ASHOK KUMAR SINGH, THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEPARTMENT GOVT. OF BIHAR, PATNA. 5. SRI PRABHAT KUMAR SAH, DISTRICT MAGISTRATE, SARAN, CHAPRA. 6. SRI RAJESH DAMINIA KAJUR, REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION, SARAN 7. SRI MUKESH KUMAR SINHA, DISTRICT SUPERINTENDENT OF EDUCATION, SARAN. 8. SRI ARUN KUMAR KAMAL, DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 9. SRI SURYA NARAYAN SINGH, DISTRICT WELFARE OFFICER, SARAN --------------------OPPOSITE PARTIES. WITH MJC No.3014 of 2007 1. DINESH KUMAR SAH, SON OF SRI PARAS NATH SAH, RESIDENT OF VILLAGE GAMHARIA, P.OI. RUSSI, P.S. JALALPUR, DISTRICT SARAN 2. VIJOY KUMAR SAH, SON OF SRI LAL BABU SAH, RESIDENT OF VILLAGE BISHUNPUR, P.O. AND P.S. JALALPUR, DISTRICT SARAN. 3. RAMANAND SAH, SON OF LATE RAMAYAN SAH, RESIDENT OF VILLAGE NAWADA MATHIA, P.O. NAWADA, P.S. JALALPUR, DISTRICT SARAN. 4. SUDAMA PRASAD SAH, SON OF SRI KANHAIYA PRASAD SAH, RESIDENT OF VILLAGE PARASGARH, SOUTH SIDE, P.O. PARASGARH, P.S. EKMA, DISTRICT SARAN. 5. DINESH KUMAR SAH, SON OF SRI RAM CHANDRA SAH, RESIDENT OF VILLAGE NAWADA, P.O CHAINWA, P.S. RASULPUR, DISTRICT SARAN. 6. ANIL KUMAR SAH SON OF LATE JITAN SAH, RESIDENT OF VILLAGE SALEMPUR, P.O. SUTIHAR, P.S. DORNI, DISTRICT SARAN. 7. JITENDRA KUMAR SAH, SON OF SRI RAM LAKSHAN SAH, RESIDENT OF VILLAGE RASULPUR, P.O. SUTIHAR, P.S. DORNI, DISTRICT SARAN --------------------PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SRI AMIR SUBHANI, I.A.S. COMMISSIONER AND SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. SRI ANJANI KUMAR SINGH, I.A.S. COMMISSIONER AND SECRETARY, HUMAN RESOURCES DEVELO0PMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. SRI ASHOK KUMAR SINGH, DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. SRI PRABHAT KUMAR SAH, I.A.S., DISTRICT MAGISTRATE, SARAN AT CHAPRA. - 2 - 6. SRI RAJESH DAMAINIA KAJUR, REGIONAL DEPURTY DIRECTOR OF EDUCATION, SARAN DIVISION, CHAPRA. 7. SRI ARUN KUMAR KAMAL, DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 8. SRI MUKESH KUMAR SINHA, DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA. 9. SRI SURAJ NARAYAN SINGH, DISTRICT WELFARE OFFICER, SARAN AT CHAPRA --------------------OPPOSITE PARTIES. For the Petitioners : Mr. Shyama Prasad Mukherjee, Sr. Adv. Shanti Pratap, Advocate. For the B.P.S.C. : M/s Lalit Kishore, Sr. Adv. S. Bharti, Adv. For the State : M/S P.K. Verma, AAG XI, S.R. Sharma, JC to AAG XI. ----------- 06. 27.03.2009. Heard counsel for the parties. In compliance of the orders of this Court dated 25.5.2007 and 4.1.2007 passed in C.W.J.C. No. 9176 of 2000 and 6021 of 2000 petitioners have been offered appointment as primary teachers on contract basis vide order bearing memo no. 2013 dated 19.6.2007 by the Director, Primary Education. Their grievance is that they ought to have been appointed as regular State Government employee in terms of the advertisement of the year 1996 as B.P.S.C. had recommended them and others for such appointment in the year 1999 and others were appointed as a regular Government employees but as there was controversy about the caste certificate of the petitioners, they approached this Court in the aforesaid two writ application, in which direction was given to consider their case for appointment in the light of the caste certificate under orders dated 25.5. 2007/4.1.2007. It is submitted on behalf of the petitioners that in the light of the orders of this Court, authorities ought to have considered them for appointment as regular primary teacher, not on contract basis as one another, namely, Satrughan Kumar Sah who was also an applicant for the same post in the light of the same advertisement and there was also controversy about his caste certificate and could not be appointed - 3 - initially, has subsequently been appointed in the light of the orders of this Court dated 25.5.2007 on regular basis. It is thus evident that petitioner like Satrughan Kumar Sah should have been considered for appointment as regular primary teacher but the authorities have not appointed the petitioners on regular basis, in the circumstances, it is directed that petitioner should accept the offer of appointment given under order dated 19.6.2007 and thereafter to challenge the order dated 19.6.2007 so as to appoint them as regular primary teacher as was given to Satrughan Kumar Sah in compliance of the same order dated 25.5.2007 passed in C.W.J.C. No. 9150 of 2000. With the observations and liberty aforesaid both the contempt applications are disposed of. The offer of appointment as held out under order dated 19.6.2007 must be honoured by the competent authority, i.e. B.D.O. concerned within two weeks of the receipt of the acceptance of the petitioners. Petitioners of I.A. No. 5265 of 2008 filed in M.J.C. No. 2740 of 2007 are at liberty to take appropriate legal steps for the ventilation of their grievance. Rajesh/ (V.N.Sinha, J)