IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2518 of 2007 HARKHIT SINGH son of Late Dhunmun Singh, Resident of village Fatehpur Kunkothia, Policde Station Didarganj, District Patna. Versus 1.The Patna University, Patna through Shri bibhash Kumar Yadav, the Registrar of the Patna University. 2.Dr. Y.C. Simhadri, the Vice Chancellor, Patna University, patna. 3. The State of Bihar through Shri Anjani Kumar Singh, the Principal Secretary, Department of Human Resources development Govt. of bihar, Patna. ----------- 5 30/3/2010 Heard counsel for the petitioner and counsel for the Patna University. This is second contempt petition which has been filed by the petitioner for violation of order of this Court dated 27th September, 1996 in batch of the writ applications including one filed by the petitioner as well for payment of arrears of salary and retirement benefits arising out of the time bound promotion. This Court, after considering the case of the petitioner and similarly situated persons had passed the order, operative portion thereof reads as follows:- “Accordingly, it is ordered that if the petitioners file representation before the authorities of the University with their claim relating to time bound promotions, arrears thereto, revised scale of pay, post retirement benefits on the basis of time bound promotions and the revised scale of pay, the respondents will decide the same, taking into note the decision of this Court in the case of Baidyanath Prasad Singh @ Baidyanath Prasad Sinha (Supra), wherein it has been held that the non-teaching employees are entitled for time bound promotions and revised scale of pay like the State Government employees. The Respondents are directed to decide such claim and provide the consequential benefits, if any, to the petitioners within a period of three 2 months from the date of receipt of the representation. If the Respondents dispute any one or other claim of petitioners, in that case, they will have to give reason for the same and communicate such reason to the petitioners. The petitioners will enclose a copy of this judgment along with the representation. It is made cleat that if the admitted consequential benefits to which one or other petitioners are entitled, is not paid to any one or other petitioner within the aforesaid period, in that case, they will have to pay interest over such admitted dues @ 12 percent in favour of such petitioner (s).” It appears that the said order was complied but not to the full satisfaction of the petitioner as gets recorded if the order disposing of his first contempt application, M.J.C. No.2036 of 1997 wherein this Court had recorded as follows:- “A show cause has been filed on behalf of O.P. no.1. According to O.P. NO.1, the retrial benefits towards gratuity, pension, difference of dearness relief, provident fund and leave encashment have already been paid. Details of such payment have been shown in the show cause. However, it appears that payment of arrears of first and second time bound promotions and Vth Pay Revised Scale of pay have not yet been released as the State of Bihar had not released the fund in this respect. Today in another case M.J.C. No.1044 of 96 which also relates to payment of retrial benefits to the Patna university employees, a supplementary show cause was filed by Secretary, Higher Education, Government of Bihar, Patna. Record of the said case has been produced before me. It appears that a sum of Rs.5,68,000/- has already been sanctioned by the State Government vide no.1077 dated 25.6.1999 and it has been sent to Secretariat Treasury, Vikash bhawan, Patna for releasing the amount in favour of Patna University. It was stated that on receipt of challan from treasury on 7.7.1999, the Government cheque has been produced in the Secretariat Treasury the same date (7.7.1999) for payment of the said amount in the form of Bank draft to the patna University. 3 In the facts and circumstances, instead of proceeding against the O.Ps. for the present, I give them another opportunity to comply with the order and direction of this Court dated 27.9.96 passed in C.W.J.C. No.8827/94. The rest of the amount on first and second time bound promotions and revised scale of pay be paid within a period of one month from the date of receipt of Bank Draft as referred above. In case of non-compliance, it will be open to the petitioner to bring the fact to the notice of this Court to take appropriate action against the erring officer. The M.J.C. application stands disposed of, with the aforesaid observations.’ Today before this Court counsel for the petitioner would submit that the amount of interest as directed in the order dated 27th September, 1996 has not been paid for which he has referred to an admission on the part of the university as contained in Annexure-A of the show cause reply. The issue as to whether second contempt application could be maintainable for the same cause of action, which in the opinion of this Court was dropped in the first round of litigation by recording that if the petitioner wanted he could raise the grievance as with regard to non compliance of the order as recorded in the first contempt application. There was no recording with regard to payment of interest. The only aspect which was supposed to be done is to ensure payment of the amount of arrears arising out of the time bound promotion. Admittedly, arrears of such time bound promotion has been made and therefore this Court would hold that continuation of the contempt proceeding in the circumstances will be absolutely an abuse of process of the Court. 4 This application accordingly being wholly misconceived is hereby dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)