Pushpa Kumari vs The State of Bihar, through Mr. Sri Siddhartha, the Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2971 of 2024
In
Civil Writ Jurisdiction Case No.14823 of 2023
CNR No. BRHC010866962024
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Pushpa Kumari Wife of Gaurav Kumar, Resident of Village- Ward No. 25,
Durga Mandir, New Chandmari, P.S.- Motihari, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar, through Mr. Sri Siddhartha, the Principal Secretary,
Department of Education Govt. of Bihar, Patna.
2. Mr. Mithilesh Kumar, the Director, Primary Education, Govt. of Bihar,
Patna.
3. Mr. Saurabh Jaiswal, the District Magistrate, East Champaran, Motihari.
4. Mr. Sanjeev Kumar, the District Education Officer, East Champaran,
Motihari.
5. Mr. Saheb Alam, the District Programme Officer, Establishment, East
Champaran, Motihari.
6. Mr. Saurabh Kumar Yadav, the Executive Officer, Nagar Parishad, East
Champaran, Motihari.
7. Mr. Saheb Alam (the In-charge), the Block Education Officer, Areraj, East
Champaran, Motihari.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : M/s Ravinder Kumar Sharma, SC 40
Amarjeet, AC to SC 40
Nitish Kumar
For the O.P. No. 6 : Mr. Surendra Prasad Singh, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 28-10-2026
1. The present MJC has been filed for
initiating proceedings for wilful and deliberate
disobedience of the order dated 20.03.2024
passed by this Court in CWJC No. 14823 of 2023.

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2. The operative portion of the order
passed by this Court in CWJC No. CWJC No. 14823
of 2023 reads as follows:-
4. Learned counsel for the
petitioner submits that the case of the
petitioner is duly covered by the
judgment passed by a Co-ordinate
Bench of this Court in Chandra Shekhar
Azad & Ors v. The State of Bihar & Ors
in CWJC No. 8963 of 2018 dated
11.05.2018.
5. Learned counsel for the State
submits that in terms of Chandra
Shekhar Azad case, the petitioner may
be directed to file a representation
before District Programme Officer,
Establishment, East Champaran,
Motihari.
6. Having heard learned counsel
for the parties and taking into
consideration the submissions, the writ
petition is disposed with liberty to the
petitioner to approach the Respondent
No.5/The District Programme Officer,
Establishment, East Champaran,
Motihari by filing a representation
within a period of three weeks, which
shall be decided by Respondent No.5

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within a period of ten weeks from the
date of receipt of the representation.
7. If it is found that the case of the
petitioner is covered by the Chandra
Shekhar Azad, then similar benefits
shall be granted to the petitioner.
8. With the aforesaid observation
and direction, the petition stands
dispose of.
3. A detailed show cause has been filed for
the opposite parties. The contents of the show
cause, particularly paragraph no. 5 disclose that
" in the light of the order dated 20.04.2024 passed
in CWJC No. 14823/2023 by this Hon'ble Court the
Opposite Party No. 05, District Programme Officer,
East Champaran at Motihari issued a reasoned
order bearing Memo No. 6161 dated 15.10.2024
by which the claim of the petitioner for grant of
regular pay scale applicable to regular teachers
has been rejected on the ground that the case of
the petitioner is not similar to that of CWJC No.
8963 of 2018 Chandra Shekhar Azad and ors. Vs.
The State of Bihar and others. Hence the case of
the petitioner is not covered by the case of

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Chandra Shekhar Azad so similar benefits cannot
be granted to the petitioner. "
4. In view of the aforesaid compliance of
the order passed by this Court, the Learned
counsel appearing for the opposite parties submits
that the present contempt proceeding may be
dropped.
5. Accordingly, the present contempt
proceeding is hereby dropped.
6. Interlocutory Application(s), if any, shall
also disposed of.

(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date