STATE OF JHARKHAND Vs. MANORANJAN OJHA

JUDGEMENT

(1.) The instant intra-court appeal, under Clause-10 of letters patent, is directed against the order/judgment dtd. 15/2/2019 passed by the learned Single Judge of this Court in Contempt Case (Civil) No.355 of 2017, whereby and whereunder, the part of the order, by which, the direction has been passed upon the Secretary, Department School Education and Literacy, Government of Jharkhand to ensure that necessary order is issued within four weeks granting notional promotion to the petitioner in Grade-VII, on the basis of which, his post-retiral benefit shall be calculated and paid, has been challenged on the ground that the contempt Court has got no jurisdiction to pass an order assuming the power conferred under Article 226 of the Constitution of India.

(2.) The brief facts of the case, which required to be enumerated, are as hereunder:-

(3.) While on the other hand, Mr. Rahul Kumar, learned counsel appearing for the respondent has submitted that the direction, so passed, which is in question in this appeal, cannot be construed to be a fresh direction, rather, the same is further direction by making the reference of the direction passed by the learned Single Judge of this Court in W.P.(S) No.6135 of 2015 directing the concerned respondent to prepare seniority list in pursuant to the provision as contained under Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 which is to be uploaded on the Website of the Department in order to apprise the aggrieved, if any so as to file written objection.