IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.411 OF 2011 RAJENDRA PRASAD, S/O SHRI HARIHAR PRASAD SHARMA, R/O RAJENDRA ASHRAM, GAYA, P.O AND P.S CIVIL LINES, DISTRICT GAYA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.MR. K.C MISHRA, THE THEN, PRINCIPAL SECRETARY, HEALTH SERVICES, GOVERNMENT OF BIHAR, PRESENTLY POSTED AS PRINCIPAL SECRETARY INDUSTRIES. 3.MR. AMARJEET SINHA, PRINCIPAL SECRETARY, HEALTH SERVICES, GOVERNMENT OF BIHAR. 4.DR. R.N. PANDEY, THE THEN DIRECTOR IN CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA. 5.DR. SURENDRA PRASAD PRESENT DIRECTOR IN CHIEF, GOVT. OF BIHAR, PATNA. 6.DR. SOHAN CHAUDHARY, PRINCIPAL, ANUGRAH NARAYAN MEDICAL COLLEGE, GAYA. ………………………RESPONDENTS. ----------- 04/ 14.11.2011 Heard counsel for the parties. At long last the opposite parties and particularly the Director-in-chief of Health Services has come out with a decision which would absolve him from the allegation of committing the contempt of the order of this Court. This Court fails to understand as to why such order could not have been passed earlier by the Director-in-chief of Health Services. Be that as it may, now, once the Authorities including the Director-in-chief of Health Services had passed the necessary 2 order giving option to the petitioner to be absorbed against a post of clerk keeping in view, he does not possess the requisite qualification for the post of Artist-cum- Modeler and that there is no such sanctioned post available for the absorption of the petitioner, the petitioner should be satisfied with the order of absorption. It is made clear that if the petitioner gives his consent for being absorbed on the post of clerk as indicated in the order of the Director-in- chief of Health Services dated 10.11.2011 as contained in Annexure-C to the show cause reply filed today, the consequential order of the resultant payment of salary from the due date shall be made positively within a period of three months from the date of receipt of the aforesaid consent letter from the petitioner. Dr. Surendra Prasad, the Director- in-chief of the Health Services present in the Court today has himself assured that the rest part of the order of this Court shall be complied within the aforementioned period of three months. Keeping in view of 3 the aforementioned undertaking of the Director-in-chief of Health Services and the stand taken by him in his show cause reply, this contempt application is disposed of in the light of the aforementioned observations and directions. The personal appearance of Dr. Surendra Prasad, the Director-in-chief of the Health Services is hereby dispensed with for the present. Ranjan (Mihir Kumar Jha, J.)