IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2312 of 2006 AWADHESH KUMAR SINHA Versus STATE OF BIHAR & ORS ----------- For the Petitioner : M/S. Bindhyachal Singh & Umesh Kumar For the Respondents: Mr. Shyam Kishore Sharma, G.A. V ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------------ Dated, the 8th August, 2008. The appeal preferred by the appellants came to be disposed of by the Division Bench on 23rd March, 2004. The relevant part of the order is thus : “ The order of the learned Judge not having noticed these facts is an error. In fact it is manifest error that on admitted facts the petition was dismissed. The order dated 22nd September,1997 is, thus, set aside. The petitioner will be entitled to continuity of service. The appeal is allowed with costs throughout with special cost to each of the two respondents standing at Rs.500/- each.” 2. That the appellant has been reinstated is not in dispute. The principal grievance of the appellant that has been raised by means of this contempt application is that the petitioner has not been given continuity of service as per the order. 3. However, the case of the petitioner is falsified by the document dated 19th July, 2007 annexed by the petitioner in the second supplementary affidavit dated 9th July, 2008. 4. By the said order dated 19th July, 2007, the petitioner - 2 - has been granted continuity of service but during the period he did not work, it has been held that he is not entitled to any payment. The approach of the respondents cannot be said to be in disobedience of the order dated 23rd March, 2004. No case for contempt is made out. M.J.C. stands disposed of accordingly. R. M. Lodha, CJ Dr. Ravi Ranjan, J AMIN/-