- (1.)These contempt proceedings arise out of the judgment and order dated 23.11.2012 passed by this Court in CA Nos. 8226-8227 of 2012. Before we take note of the exact nature of directions given in that judgment which according to the petitioners have been flouted contumaciously and deliberately, we would like to take note of the history of litigation culminating in passing of the said judgment.
(2.)The petitioner is an Association representing the teachers of the Bihar Subordinate Education Service (hereinafter referred to as BSES for brevity). They had filed a writ petition in the Patna High Court claiming merger of their cadre with the Bihar Education Service (hereinafter referred to BES for brevity). The writ petition was allowed and the LPA and the SLP filed against the same were dismissed. Since the benefits of merger of cadre were still not being granted, another writ petition was filed, which too was allowed and affirmed in LPA. Although leave was granted in the SLP filed by the State of Bihar, ultimately the Civil Appeal was dismissed by the judgment dated 19.04.2006 resulting in the outcome in favour of the petitioner.
(3.)In compliance of the said judgment of this Court, a Resolution merging the cadre of BSES with BES was issued on 07.07.2006 and the BSES teachers were granted benefits of the merger, like enhancement of payscale, promotion etc. At this stage, a writ petition was filed by BES Association (BESA) challenging the merger. A single judge of the High Court allowed it vide judgment dated 31.10.2007, which was affirmed by a Division Bench on 21.05.2010. This judgment was challenged before this Court by filing SLP.