IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1695 of 2009 SUMITRA KUMARI DAS, WIFE OF RAM NATH MISHRA, RESIDENT OF VILLAGE – KARMA BHAGWAN, P.S. AURANGABAD, DISTRICT – AURANGABAD. …….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. KUNDAN KUMAR, THE DISTRICT MAGISTRTE, AURANGABAD. 3. RAM NIVASH PANDEY, THE DEPUTY DEVELOPMENT COMMISSIONER, DISTRICT – AURANGABAD. ……….. CONTEMORS/OPPOSITE PARTIES. ----------- 05/ 03.12.2010 This application was filed by the petitioner for initiating a proceeding of contempt against the opposite parties due to non-compliance of the order dated 6.2.2008 passed in C.W.J.C. No. 7334 of 2004. The direction of this Court in the writ application was to decide the service conditions of the petitioner and others as well as their cadre and then only transfer order can be passed. Since there was no service conditions rules frame a direction was issued to frame service conditions rules giving continuity of service to them so that they may not loose their seniority, promotional avenue and pensionary benefits and order of consequential benefits for which they would be entitled being absorbed as government servant. Show cause has been filed on behalf of Deputy Development Commissioner, Aurangabad (O.P. No. 3) 2 stating that in compliance of the direction of this Court “The Bihar Lady Extension Officer Cadre Rules, 2008” was framed in exercise of powers conferred under Article 309 of the Constitution and the same was notified through notification bearing No. 15735 dated 5.12.2008. The service of the petitioner is state level cadre non- Gazetted Class III posts. In different paragraphs of the show cause the details in regard to each of the writ petitioners has been given to show that only after absorption of their service and considering the service conditions rules, they were transferred, where they have joined and paid their salary and all benefits for which they are entitled according to service conditions rules are made available to them. Considering the statement in the show cause, this application of contempt is disposed of. DKS/ (Mridula Mishra, J.)