Patna High CourtMJC/993/2016disposed

Shanker Bhagwan Prasad v. The State Of Bihar And ORS

2018-08-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.993 of 2016 In Civil Writ Jurisdiction Case No. 2803 of 1999 ====================================================== Shanker Bhagwan Prasad Son of late Moti Ram Resident of VillageChandi, Post- Chandi, PS Garhani District Bhojpur, Ara. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Anjani kumar Singh Chief Secretary, Main Secretariat, Patna.

3. Mr. Arun Kumar Singh Commissioner cum Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

4. Mr. Satish Chandra Jha Special Secetary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

5. Mr. Gajanand Mishra, Joint Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

6. Mr. Jineshwar Rajak Deputy Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

7. Mr. Rajesh Kumar Engineer in Chief, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

8. Md. Parwez Akhtar Under Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

9. Mr. Ravi Mittal, Principal Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnesh Kumar Singh For the Respondent/s : Mr. Aag13 A K Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2018 The present contempt petition has been filed complaining disobedience of the order dated 08.01.2004 passed in CWJC no. 2803 of 1999.

It has been submitted by the learned counsel for the petitioner that in pursuance to the said order dated 08.01.2004, the respondents/ opposite parties had granted promotion to the

Patna High Court MJC No.993 of 2016 (29) dt.02-08-2018 2/2 petitioner and others from the post of Junior Engineer to the post of Assistant Engineer vide notification dated 17.06.2005, however the same was cancelled subsequently vide notification dated 27.03.2017 which was challenged in CWJC no. 7245 of 2017 but the learned Single Judge by a judgment dated 03.07.2018 has been pleased to allow the said writ petition and has directed for granting promotion to the petitioner herein w.e.f. 01.01.1998 as also, has directed for payment of salary from 01.01.1998 to the date of joining.

In such view of the matter, as far as the present petition is concerned, no case is made out to initiate contempt proceedings against the opposite parties and the present petition has become infructuous. If so advised, the petitioner can avail the remedies available to him in case of non-compliance of the judgment dated 03.07.2018 passed in CWJC no. 7245 of 2017. Accordingly, the present contempt petition is disposed of.

(Mohit Kumar Shah, J) rinkee/- U