SUDARSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant application for initiation of contempt proceeding against the opposite party has been filed by the petitioner for the alleged disobedience of the general order and direction dated 29.2.1995 passed by this Court in CWJC No. 2465 of 1995.

(2.) THE petitioner's case is that he has superannuated as a head clerk in the Animal Husbandry office, Central Range, Patna, on 31st January, 1996, but till date he has not been paid post -retiral benefits. It is stated in the contempt petition that since long the petitioner has been harassed inasmuch as he was reverted from the post of Senior Selection grade and against that he filed C.W.J.C. No. 3368 of 1987 which was disposed of and the petitioner was allowed opportunity of hearing before cancellation of promotion order. It is further stated that another writ application was filed being C.W.J.C. No. 2717 of 1994 for quashing the order of cancellation of his promotion. However, the petitioner was given one Time bound promotion with effect from 1.4.1981 and Second Time bound promotion from 1.4.1986. The petitioner under protest received his salary and made representation before the appropriate authority to restore his earlier promotion allowed to him to Junior Selection Grade, Senior Selection Grade and Super -Time scale with effect from 1.4.1981, 1.5.1981 and 1.5.1989 respectively. The petitioner's further case is that another writ application was filed by Sri Yadunath Verma being C.W.J.C. No. 11686 of 1995. The said writ application was heard and allowed by this Court and the order by which Sri Verma was denied promotion was quashed. The petitioner's further case is that there is no provision under the Act with regard to cancellation of any gradation list after 22 years of its original publication. In spite of that the Director, Animal Husbandry, Bihar, Patna, cancelled the gradation list of the year 1971 and passed order of cancellation of promotion of the petitioner to Junior Selection Grade, Senior Selection Grade and Super -Time scale on the ground that he does not come in the gradation list. In the meantime, the petitioner retired and a writ application was filed being C.WJ.C. No. 6306. of 1996 before this Court for quashing the order dated 5.1.1994 passed by the Director, Animal Husbandry, Bihar, Patna and for other reliefs including payment of postretiral benefits by continuing the benefits of Super -Time Scale with effect from 1.5.1989. However, the petitioner came to know about the general direction issued by this Court by judgment dated 29.2.1996 passed in C.WJ.C. No. 4265 of 1995 (Mostt. Rukmani Devi vs. State of Bihar and others) [reported in 1996 (2) PLJR 348]. In terms of the judgment aforesaid, the petitioner has filed a representation claiming retirement benefits, but it is alleged that till date representation of the petitioner has not been disposed of. Hence this contempt petition.

(3.) FROM the facts stated in the contempt petition, it is, therefore, evident that the petitioner was denied Junior Selection Grade, Senior Selection Grade and also Super -Time scale. It is further evident that the petitioner then moved this Court in CW.J.C. No. 6306 of 1996 for quashing the order dated 5.1.1994 passed by the Director, Animal Husbandry, Bihar, Patna, and for payment of retiral benefits by taking into consideration the benefits of Super -Time scale with effect from 1.5.1989. Nothing has been said in the contempt petition as to what order was passed in the writ petition.