IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2834 of 2010 JAGATPATI CHOUDHARY, son of Sri Manmohan Choudhary, resident of village + P.S. Mahisi, District-Saharsa at present posted as D.S.E. Saran at Chapra. ……. Petitioner Versus 1.STATE OF BIHAR 2. Sri Anjani Kumar Singh, Commissioner-cum- Principal Secretary, Primary Secondary and Adult Education, Bihar, Patna. 3. Sri Anil Kumar Verma, Director Administration-cum- Deputy Secretary, Primary,Secondary and Adult Education, Government of Bihar, Patna………………. Respondents. ----------- For the petitioner: Mr. Sharda Nand Mishra,Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr.Deepak Kumar, Advocate For Opposite Parties: Mr. Kumar Kaushik A.C. to G.P.XI ----------- 7. 11.5.2011 Heard learned counsel for the petitioner and learned counsel for the opposite parties. The petitioner alleges violation of the order dated 16.12.2009 passed by this Court in M.J.C. No.1174 /2008. In the said contempt application, this Court after recording the statements made in the various show causes filed on behalf of the opposite parties came to the conclusion that the order under contempt stands complied with and the contempt application was, accordingly, dismissed. However, on the allegation of learned counsel for the petitioner that juniors to the petitioner have been granted revised pay scale but the same benefit has not been given to the petitioner, the authorities were directed to look into the matter 2 and confer the same benefits on the petitioner also. It is this part of the order, which is alleged by the petitioner to have been violated. In the show cause and supplementary show cause filed on behalf of opposite party No.3, it is stated that the seniority of the petitioner and others like him and eighty seven officers of Mass Education, who have been absorbed in the cadre of the Bihar Education Service had been the subject matter of dispute in C.W.J.C.Nos.12348/1996 and 3397/98 (sic), which had been disposed of on 31.5.2007. Against the said order L.P.A. Nos.592/07 and 595/2007 were preferred which have also been disposed of by a common order dated 16.11.2010. It is stated that on account of the order passed in the said matter shifting of date of promotion as well as cancellation of several promotions including that of the petitioner and officers junior to him was recommended by the D.P.C. It is stated that other promotions granted should also be reviewed as per two notifications dated 24.1.2011. In view of the aforesaid circumstances, this Court is of the view that the actions of the opposite parties do not amount to a wilful violation of the direction contained in the order dated 16.12.2009 passed in M.J.C.No.1174/2008. 3 The contempt application is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )