Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court - Service Law matter - Merger of C cadres |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court - Service Law matter - Merger of C cadres - Petitioner-Association representing teachers of the Bihar Subordinate Education Service (BSES), claimed merger of their cadre with the Bihar Education Service (BES) - Merger sanctioned by the Supreme Court - In compliance thereof, Resolution merging the cadre of BSES with BES D issued on 07.07.2006-At this stage, writ petition filed by BES Association (BESA) challenging _the merger, was allowed by High Court - Immediately thereafter, the State Government withdrew Resolution dated 07.07.2006 by notification dated 19.11.2007 - However, eventually, said judgment of the High E Court set ~side by the Supreme Court which also quashed notification dated 19. 11. 2007 - State Government's Resolution dated 07.07.2006 was thus restored a.nd the State Government was directed to act accordingly - However, plea raised by the Petitioner in the instant Contempt Petition that F directions cont-ained in the said Supreme Court judgment were deliberately and contumaciously flouted by the State Government and thus the benefits of merger were denied - Held: lnspite of succeeding in three rounds of litigation, the petitioners were not only treated as a distinct and separate G class, but the benefit which could accrue to them in a combined seniority list, as a result of merger, was snatched away from them - By a well crafted technique, almost the same result, which was the position before the merger, was achieved - Provisions in the 2014 Rules were made with the sole intention to frustrate the effect of the judgment - This amounted to contempt of the Court - Bihar Education Rules, 2014. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 372 |
Petitioner | Bihar State Govt. Sec. Scl. Teachers Assn. |
Respondent | Ashok Kumar Sinha & Ors. |
SCR | [2014] 7 S.C.R. 371 |
Judgement Date | 2014-05-07 |
Case Number | 8226-8227 |
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