SUDHIR KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has obtained a rule against respondent No.2, the Principal Secretary, Forest Department, Government of Bihar, to show cause as to why he should not be dealt with for committing contempt of this Court.

(2.) Earlier also, a similar rule was issued in M. J. C. No. 32 of 1977 (R) against the respondents for non-compliance of a part of the direction issued by this Court in C. W. J. C. No. 1095 of 1973 (R), dated 6.8. 1976. By that direction the Government was asked either to finalise the seniority of the petitioner Sudhir Kumar Roy vis-a-vis respondents 3 to 9 of the said writ application by 31.12.1976, or in the alternative to place the petitioner above those respondents 3 to 9 with consequential benefits to him. When this order was not complied with, the petitioner had filed that M. J. C. No. 32 of 1977 (R) and the application was disposed of on accepting the unqualified apology of the contemners and on certain terms, namely, (1) to re-fix the date of seniority of the petitioner above Shri R. N. Kapoor with all consequential benefits flowing to him, (2) to pay pension and gratuity etc. admissible to him in consequence of this promotion, and (3) to consider his claim that the period of his re-employment should be treated as extension of his service.

(3.) In spite of the direction containing/the above terms, the Government failed to implement the sane and the petitioner has to come again with this application for a rule or contempt.