IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1368 of 2011 MADAN MOHAN MISHRA son of Late Bhubneshwar Mishra, resident of village + Post- Bhramarpur, P.S.- Bihpur, Dist.-Bhagalpur. Versus 1.The T.M.Bhagalpur University, Bhagalpur, through its Registrar 2.The Vice Chancellor, T.M.Bhagalpur University, Bhagalpur 3.The Registrar, T.M.Bhagalpur University, Bhagalpur 4.The Finance Officer, T.M.Bhagalpur University, Bhagalpur 5.The Principal Koshi College,Khagaria, Dist.-Khagaria 6.The State of Bihar, through the Chief Secretary, Govt. of Bihar, Main Secretariat, Patna 7.The Principal Secretary, Deptt. of Finance, Govt. of Bihar, Main Secretariat, Patna 8.The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 9.The Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 10.The Director, Deptt. of Higher Education, Govt. of Bihar, New Secretariat, Patna ----------- 2. 21.1.2011. Heard Mr.Purushottam Kumar Jha, Learned counsel for the petitioner, Mr.Anil Singh, learned counsel for respondent nos.1 to 5 as well as Mr. Suresh Kumar, learned A.C. to G.P.-V., for the State. The petitioner has prayed for declaring that the petitioner, who retired as University Professor from J.P.College, Narayanpur with effect from 31.1.1996 is entitled to get his pension revised in view of Article 16 of the Pension Statute read with State Government decision as contained in Resolution No.820 dated 23.9.2009 and further prayed for re-fixation of the pension of the petitioner. At the very outset, Mr.Anil Singh, learned counsel for the University has raised a preliminary objection on the point 2 that for the same relief the petitioner had earlier approached this court which was disposed on 21.4.2010 vide C.W.J.C. No.6868 of 2010 granting liberty to the petitioner to file a representation which was to be disposed of within a period of four months. It was submitted by Mr.Singh, learned counsel for the University, that since, as per the petitioner, direction of this court dated 21.4.2010 passed in C.W.J.C. No.6868 of 2010 was not complied with , the petitioner has filed a contempt petition and the same is still pending. Learned counsel for the petitioner also admits that contempt petition bearing M.J.C. No.4735 of 2010 is still pending. However, it was submitted by him that part relief of the petitioner has already been granted and relief for revision of pension has not been granted. Since for disobedience of direction of this court, a contempt petition is still pending, it is not desirable for this court to entertain the present writ petition. The court is of the opinion that learned counsel for the Univeristy has rightly raised preliminary objection. The writ petition stands rejected on the ground of its maintainability. Rejection of this petition may not be treated as hurdle at subsequent stage in the changed circumstances. Md.S. ( Rakesh Kumar, J.)