IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3296 of 2011 Dr. Prabhakar Mishra, son of late Prithvi Nath Mishra, resident of Village Devi Sarai, P.O. Maghara, Dist. Nalanda. ----------- Petitioner Versus 1. The State of Bihar. 2. Anjani Kumar Singh, the Secretary, Human Resources Development Department, Govt. of Bihar. 3. Anjani Kumar Singh, the Secretary, Primary and Adult Education Department, Govt. of Bihar, Patna. 4. I.D.S. Dhariwal, Accountant General, Bihar, Patna. 5. Sunil Prasad Sinha, the Registrar, Nava Nalanda Mahavihara, Nalanda. 6. Ravindra Panth, the Director, Nava Nalanda Mahavihara, Nalanda. 7. The Chairman, Board of Management, Nava Nalanda Mahavihara, Nalanda. 8. Sh. Rajen Habib Khwaja, the Union of India through the Secretary, Ministry of Tourism and Culture of India, New Delhi. ------------- Respondents ------------ 3 13.12.2011 Learned counsel for the petitioner prays for and is allowed to delete the name of the opposite party no.7. Having heard learned counsel for the parties and taking into account that the order of this Court dated 15.9.2010 passed in CWJC No. 6586 of 2007 has been substantially complied by passing a reasoned order on 12.12.2011 and the petitioner has been granted benefit of both First Time Bound Promotion with effect from 31.3.1987 in the pay-scale of Rs. 1350-2000/- meant for Bihar Education Service Class-1 and that the petitioner has also been granted the benefit of both the ACPs with effect from 9.8.1999 2 and 31.3.2002 by way of enhanced salary of Rs. 10000-15200/- and Rs. 12000-16500/-, this Court must hold that on account of the aforementioned subsequent events, this contempt application has become academic, if not infructuous. The grievance of the petitioner that the petitioner has not been paid any amount out of the entitlement either for his First Time Bound Promotion or for the two ACPs, seems to be premature, inasmuch as, such order was issued only on 12.12.2011 i.e. yesterday and as such, the opposite parties would require sometime to give financial benefit of both First Time Bound Promotion and two ACPs as was also paid to his counter parts. In view of the fact that the claim of the petitioner for deputation allowance and Ph.D. allowance is to be decided by the Director, Higher Education, this Court also expects the Director, Higher Education to pass a final order within a period of three months from the date of receipt/production of a copy of this order. It is also clarified that the 3 petitioner’s monetary benefit in terms of the order dated 12.12.2011 or to be one passed by the Director, Higher Education as observed in the order dated 12.12.2011, must be extended to the petitioner as early as possible preferably within a period of three months. It is, however, made clear that if the amount to which the petitioner has become entitled in view of the order of the competent Authority is not paid within the aforementioned period of three months, it would entail severe repercussion for the opposite parties who may be also saddled with exemplary cost and interest for delayed payment. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)