IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.547 of 2009 DR.RAM NARESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 08/ 16.11.2009 Heard learned counsel for the petitioner, learned counsel for opposite party no.1, namely, State of Bihar and its authorities as well as learned counsel for Accountant General. This petition has been filed for initiating a proceeding of contempt against the concerned opposite parties for their alleged willful and deliberate violation of order dated 10.07.2008 by which C.W.J.C. No.14112 of 2004 was allowed quashing order of respondent no.1 dated 10.07.2003 and directing the authorities concerned to pay all the balance of arrears of retiral dues including full pension and gratuity on the basis of monetary benefits payable to the petitioner in view of his promotion to the super time scale granted by the Government vide memo no.393(4) dated 11.07.1998 with effect from the year 1990 and till the date of his superannuation. Learned counsel for opposite parties on the basis of show-cause submitted by them states that the balance of arrears of retiral dues including full pension and gratuity as per the directions of this court has been fixed and has also been paid to the petitioner. However, learned counsel for the petitioner submits that the said calculation was not in accordance with law and even statutory interest was not paid on the gratuity etc. which was wrongly denied on the pretext that no such order was passed by 2 this court on the earlier occasion. Since order of this court dated 10.07.2008 has been complied and unqualified apologies for any delay have been tendered by the authorities concerned, there is no occasion for initiating a proceeding of contempt against concerned opposite parties, at present. Accordingly this petition is dismissed and the matter is dropped. However, a serious objection has been raised by learned counsel for the petitioner that the calculation of the pension, gratuity and monetary benefits were not legal and proper as they were not made on the basis of scale available to the petitioner nor statutory interest on the gratuity amount was paid to him. If the same is correct the petitioner has a liberty to raise all objections before an appropriate forum/ or before the authorities concerned which would be decided on its own merits in accordance with law. harish/ ( S. N. Hussain, J. )