Shaligram Prasad Singh And Ors vs State Of Bihar Through The Chief Secretary And Ors

We have heard learned counsel for the parties, learned Advocate General as well as learned Government counsel for the State for category II cases.

Category II cases are those which were filed after the cut-off date i.e. 26.02.2016 fixed by Hon'ble Supreme Court or those in which the petitioner (s) are claiming through a registered union to submit that because the union had moved this Court prior to 26.02.2016 by filing writ applications, the petitioner(s) being member of the said union be taken to have approached this Court before the cut-off date.

This order will dispose of all the contempt and writ applications which are falling under category II cases except CWJC No.6540 of 2016 in which learned counsel for the petitioner has made out a case that the petitioners had earlier moved this Court in CWJC No.22201 of 2011 which was disposed of on 14th December, 2015 giving liberty to the petitioners to avail an appropriate remedy. Because of this liberty, the petitioner had approached the Department, but then finding no relief, he has filed CWJC No.6540 of 2016.

We find that in the judgement dated 26.02.2016 passed in SLP (C) No.32079 of 2015, the Hon'ble Supreme Court had covered the cases of all those who had approached the High Court and were heard prior to the cut off date i.e. 26.02.2016. We, therefore, find that CWJC No.6540 of 2016 will be required to be considered in category-I.

So far all other cases are concerned, we find that they have either been filed on the basis of the judgement of this Court following the order dated 25.01.2017 passed in MJC No.3765 of 2016 (Meera Kumari & Anr Versus The State of Bihar & Ors.) or the writ petitioners have moved this Court after the cut-off date i.e. 26.02.2016. We have been informed that the order dated 25.01.2017 in MJC No.3765 of 2016 has been stayed by the Hon'ble Supreme Court in SLP (C ) diary No.25804 of 2017 on 08.09.2017.

In view of the order of the stay of the very judgement based on which the writ applications were allowed giving rise to these contempt applications in category -II, we find no reason to proceed with these contempt applications at this stage. These contempt applications are, therefore, dropped giving liberty to the petitioners to approach this Court if occasion so arises after the judgement of the Hon'ble Supreme Court in SLP (C) Diary No.25804 of 2017.

In case, the judgement of this Court in MJC No.3765 of 2016 is upheld by the Supreme Court, ultimately the petitioners will have a liberty to approach the State Government and the State Government shall be obliged to consider their cases in terms of the judgement of the Hon'ble Supreme Court. These contempt applications are, thus, disposed of in terms stated hereinabove.

The writ applications which have been filed after 26th of February, 2016, except one as indicated hereinabove, are also disposed of on the same terms giving liberty to the petitioners to approach the State Government after the judgement of the Hon'ble Supreme Court in SLP (C) Diary No.25804 of 2017 if the Hon'ble Supreme Court grants any relief to the persons similarly situated to the petitioners.