IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2125 of 2002 SMT.SHAKUNTALA GHOSH Versus STATE OF BIHAR & ORS ----------- For the Petitioner : M/S. Pramod Kumar Sinha, Madhukar Narain Sinha & Rakesh Kumar Sinha. For the Respondents 1 to 4, 6 and 7 : Mr. Mithilesh Mowar, J.C. to G.P. XI For Respondent no. 5 : Mr. J.P. Karn. ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 23rd July, 2008. We heard counsel for the parties. 2. In the supplementary show cause filed by respondent no. 4 following statements have been made : “6. That it may further be stated here that the petitioner was relieved under memo no. 227 dated 18.3.1982 for submitting her joining at the Headquarters at Munger where after submitting her joining, she continued to absent without authority till 15.7.1996. 7. That the petitioner however was disputing the aforesaid fact, the matter was verified from the Civil Surgeon, Munger, who after verification confirmed that the petitioner was absenting without authority since 19.3.1982. 8. That it may also be stated here that against the order dated 11.3.2002 passed in the connected writ application, a Review application has been filed, which is pending. 9. That it is submitted that as soon as the petitioner submits pension papers along with required attested Photograph etc., the sanction order for payment of final pension in the revised scale will be sanctioned and communicated to the Accountant General, Bihar for issuance of authority slip. 10. That the only claim of the petitioner which is due is with respect to the arrears of salary which is disputed according to the report of the Civil Surgeon, - 2 - Munger. The petitioner was continuously absent from 19.3.1982. 11. That it is further submitted that the petitioner is not entitled for payment of salary for the period she had not worked. 12. That as payment of provisional pension and provisional gratuity, Group Insurance amount as well as G.P.F. has been made, it is submitted that the order passed by the Hon’ble Court has been complied. The sanction order for payment of final pension and gratuity will be issued immediately after necessary formalities are completed by the petitioner. “ 3. It appears from Annexure-G (Office order dated 2nd December, 2003 annexed with the supplementary counter affidavit) that the period of absence i.e. 19.3.1982 to 8.4.1991 has been treated without pay. If that be so, the applicant is not entitled to salary for that period. 4. We wanted to know from the counsel for the applicant as to whether the order dated 2nd December, 2003 has been challenged and set aside by this Court. He submitted that, as a matter of fact, the order dated 2nd December, 2003 came to be issued during the pendency of this contempt case and has not been challenged so far. 5. Be that as it may, we are satisfied that no case for contempt is made out. 6. The M.J.C. is, accordingly, rejected. 7. The disposal of M.J.C. shall not preclude the petitioner in challenging the legality and correctness of the order dated 2nd December, 2003 in accordance with law. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/- - 3 -