IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.435 of 2009 JITENDRA KARJEE Versus THE STATE OF BIHAR & ORS ----------- C. REV. No.262 of 2008 THE STATE OF BIHAR & ORS Versus JITENDRA KARJEE & ORS ----------- 5 4.9.2009. Petitioner in C.W.J.C.No.1904 of 2007 has filed this application for initiating a proceeding of contempt against opposite party nos.2 3 and 4 as they have deliberately and willfully violated the direction of this Court. C.W.J.C.No.1904 of 2007 was filed by the petitioner for quashing the order dated 4.1.2007 issued by the Deputy Secretary, Department of Art Culture and Youth, Government of Bihar relieving him for giving joining in the State of Jharkhand in compliance of the order of cadre allocation of Government of India. The impugned order was challenged on the ground that the petitioner’s objection against the cadre allocation was not considered since he was going to retire on 31.7.2007 as such he should not have been allocated to the cadre of Jharkhand State. In view of the fact that the petitioner was going to retire on 31.7.2007, the a direction was issued not to take any coercive steps against the petitioner and put up the matter in the first week of August, 2007. Subsequently by order dated 28.2.2008 this application was dismissed as infructuous. Since the petitioner has not even joined at Jharkhand State in compliance of the order of cadre allocation as such till the date of his superannuation he remained an employee of 2 the State of Bihar. The last line of the order dated 26.2.2008 was passed Considering this situation, when the order was being passed no objection was raised either by the counsel representing the State of Bihar as well as the Union of India. After disposal of the writ application, it was incumbent upon the opposite party contemnor, to make payment of salary to the petitioners for the period for which he remained in State of Bihar after issuance of the order dated 4.1.2007 by the Deputy Secretary, Department of Art Culture and Youth, Government of Bihar till the date of superannuation. Further it was essential that his pension and pensionary benefit should have been decided. Since it was not being done, the petitioner has filed this contempt application as favourable direction was there in the order dated 22.8.2007 to treat the petitioner’s service in the State of Bihar and to consider for allowing pension and pensionary benefit to the petitioner. Till the date this order has neither been challenged nor modified as such it is the duty of the opposite parties to comply the direction of this Court . Civil Review no.262 of 2008 has been filed by opposite party no.3 and 4 for reviewing the order dated 22.8.2007. I do not find any ground for reviewing the order as there is no apparent error in the order. It is not a fact that the order was passed without giving any opportunity to the opposite party and so far specific direction regarding treating the petitioner’s service in the State of Bihar is concerned was correct. 3 In the facts and circumstances of the case since the petitioner never joined the cadre of State of Jharkhand right from the date of his joining and till the date of his superannuation, he remained in service of the State of Bihar, there is no merit in the review application. Accordingly this review application is dismissed. Counsel representing the opposite parties contemnors may file his show cause within four weeks showing compliance of the direction of this Court. Put up after four weeks. Sss/- (Mridula Mishra, J)