This contempt application was dismissed because the respondents admitted taking steps to bring the petitioner's pay-scale in conformity with juniors and cancelled conflicting promotions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3439 of 2009 RATISH KUMAR JHA Versus THE STATE OF BIHAR & ORS. -----------
5 23-3-2011
Heard learned counsel for the petitioner and learned counsel for the State.
In view of statements made in the second
supplementary show cause filed on behalf of opposite party no.4, the Director-cum-Joint Secretary, Department of Human Resources Development, Government of Bihar and particularly in view of statement made in paragraph-8 of such show cause and Annexures-J and J/1, it is obvious that opposite parties have taken the required steps to bring the pay-scale of the petitioner in conformity with that of his juniors. Annexures- J and J/1 contain notification whereby promotions granted to the juniors of the petitioner as well as the petitioner from a later date have been cancelled. Already petitioner has been given the required benefits in accordance with the order of the writ court and there is no longer any grievance of the petitioner against his juniors who joined earlier. The opposite party admits that he has been given notional date of entry to service in accordance with the order
2
of this Court
So far as promotion to junior selection grade is concerned, now when the promotion granted to juniors has been cancelled there can be no question of any discrepancy in the pay-scale of the petitioner and his juniors on account of grant of junior selection grade from different dates. Hence, no further relief is possible to be given to the petitioner in this contempt application. It cannot be held that the opposite parties have committed any dis-obedience of the order of this Court. The contempt application is dismissed.
It is made clear that if in future the notification canceling the promotion are cancelled or quashed, in that event, the opposite parties shall ensure that petitioner gets the same pay-scale as his juniors without any discrimination.
Naresh
( Shiva Kirti Singh, J.)
1 issue framed by the court
Whether the respondents had continued to disobey the order of this Court regarding pay-scale parity.
Ratish Kumar Jha
The State of Bihar
Shiva Kirti Singh
As recorded by the court registry
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