IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1575 of 2004 SATYENDRA KUMAR MANJHI & ORS Versus STATE OF BIHAR & ORS ----------- For the Petitioners : Mr. For the Respondents : Mr. Alok Kr., JC to G.P.1 ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 7th July, 2008. The petitioners have raised grievance with regard to non- compliance of the order dated 16.2.2004. 2. In second supplementary show cause filed on behalf of opposite party no.2, it is stated that the order dated 16.2.2004, ultimately was carried to the Supreme Court in Civil Appeal No.1597 of 2006. The Supreme Court disposed of the said appeal by the following order: - “Accordingly, we direct the respondents to be confirmed in their services as Class-IV employees. They shall be granted time bound promotion with effect from the date on which the similarly situated employees were granted such promotion. However, they shall not be entitled to any benefits of such promotion by way of backwages etc. for the period prior to January, 2002. Whatever dues are therefore payable to the respondents for the period from 2002 till today shall be paid by the respondent authorities to the five employees within a period of 12 weeks from date, 50% shall be paid within a period of six weeks from date and the remaining 50% shall be paid within a - 2 - period of six weeks thereafter. In default of making payment of the aforesaid instalments, the appellant shall be liable to pay all backwages due to the respondents on par with those similarly situated employees who were promoted. The respondents will in any event be entitled to the same scale of pay and promotion with effect from today as the similarly situated employees have been granted. Therefore, in the event any of these five employees has retired they will obviously be paid pension on the basis of the pay now drawn. For the purpose of calculation only of the benefit of pension it shall be taken that the respondents were promoted with effect from the date on which the similarly situated employees were promoted. It is made clear that this decision is confined to the facts of this case. The appeal is allowed accordingly. There shall be no order as to costs.” 3. That the order passed by the Supreme Court has been complied with, is sought to be shown by the facts stated in paragraph 9 of the show cause, which reads thus: - “9. That so far compliance is concerned it was made as follows: - (i) The services of the petitioners were confirmed by the department vide office order No.1473 dated 21.4.2006. (ii) First time bound promotions were granted vide Office order No.1469 dated 21.4.2006. (iii) The dues amount of promotional benefit was paid to the petitioner on 28.4.2006. (iv) The dues amount of Rs.9,627.00 was deposited into the Bank A/c No.01190027948.” 4. Firstly, the M.J.C. does not deserve to be - 3 - considered on merit, since the order has merged into the order of the Supreme Court as noticed above. Secondly and more importantly, as per the show cause sworn by opposite no.2, the directives given by the Supreme Court has also been complied with. 5. M.J.C. is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-