IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.364 of 2008 1. RAMESH CHANDRA SRIVASTAVA, SON OF LATE RAMJEE PRASAD, RESIDENT OF VILLAGE RUPAULI, P.S. KARJA, DISTRICT MUZAFFARPUR. 2. SRI KRISHNA CHUDHARY, SON OF LATE SATYADEO CHOUDHARY, RESIDENT OF VILLAGE MANIKCHOWK, P.S. RUNNISAIDPUR, DISTRICT MUZAFFARPUR. 3. RAM LAKHAN SINGH, SON OF LATE DARBARI SINGH, RESIDENT OF VILLAGE MALIHANI, P.S. AND DISTRICT SUPAUL. 4. HARI PRASAD SHARMA, SON OF LATE BASUDEO SHARMA, RESIDENT OF VILLAGE SHAHPUR, P.S. BIRPUR, DISTRICT BHAGALPUR. 5. BHAGIRATH JHA, SON OF LATE RAMESH THAKUR, RESIDENT OF VILLAGE BAJIGHAT, P.S. SAKRA, DISTRICT MUZAFFARPUR. 6. RABINDRA KUMAR SINGH, SON OF LATE RAM SWARATH SINGH, RESIDENT OF VILLAGE TARANI, P.S. TARIYANI CHOWK, DISTRICT SHEOHAR. 7. PREM CHANDRA JHA, SON OF LATE BABUNAND JHA, RESIDENT OF VILLAGE MANIK CHOWK, P.S. RUNNISADIPUR, DISTRICT SITAMARHI. 8. BINDESHWARI PRASAD SHARMA, SON OF LATE DWARIKA PRASAD SHARMA, RESIDENT OF VILLAGE SAKRI SARAI, P.S. KURHNI, DISTRICT MUZAFFARPUR. 9. RAM KISHOR SAH, SON OF LATE GANESH SAH, RESIDENT OF VILLAGE SHIRHOULI, P.S. RIGA, DISTRICT SITAMARHI. 10. MD. ANWAR ALI, SON OF LATE ABDUL RAUF, RESIDENT OF VILLAGE TIKOULI, P.S. RUNNISAIDPUR, DISTRICT SITAMARHI. 11. MINTU PRASAD SINGH, SON OF LATE DHANRAJ PRASAD SINGH, RESIDENT OF VILLAGE ISLAMPUR, P.S. BIDUPUR BAZAR, DISTRICT VAISHALI. 12. RAMADHIN SINGH SON OF SARYU PRASAD SINGH, RESIDENT OF VILLAGE MALMUDA, P.S. ALAMNAGAR, DISTRICT MADHEPURA. 13. ARBIND KUMAR CHOUDHARY, SON OF LATE TRIBENI CHOUDHARY, RESIDENT OF VILLAGE POKHABRAM, P.S. BIRAUL, DISTRICT DARBHANGA. 14. DAMODAR MANDAL, SON OF LATE TRIVENI MANDAL, RESIDENT OF VILLAGE TIKAPATTI (CHANDANPUR) P.S. PALKA, DISTRICT KATIHAR. Versus 1. THE STATE OF BIHAR THROUGH SRI B.B. SRIVASTAVA, SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. SRI ARUN PRASAD, THE DIRECTOR, LAND REFORMS AND SURVEY DIRECTORATE, BOARD OF REVENUE, GOVERNMENT OF BIHAR, PATNA. 3. SRI RABINDRA PAWAR, THE COMMISSIONER, PATNA DIVISION, PATNA. 4. SRI HARI BANSH NARAYAN PANDEY, THE SETTLEMENT OFFICER-CUM- COLLECTOR, PATNA. 5. SRI R.J.M. PILLAY, THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. ----------- 4. 27.1.2010. From the show cause filed on behalf - 2 - of opposite party dated 17.7.2008, it appears that the Class-IV employees of the Revenue and Land Reforms Department of the State Government cannot be considered for promotion on the post of Amin as the post of Amin is not within the channel of promotion of the Class-IV employees. The authorities however appreciating the fact that the petitioners are trained and qualified for promotion as Amin and they are actually discharging the duties of Amin under order bearing Memo No.590 dated 14.5.2008, Annexure-B to the show cause has allowed them 20% of the basic salary as allowance subject to a limitation of Rs.250/-. Counsel submits that the order dated 14.5.2008 is not the compliance of the order of this Court dated 31.8.2007 (Annexure-1) as thereunder this Court had directed the authorities to consider the case of the petitioners for promotion on the ground that they are trained for discharging the duties of Amin. Counsel further submits that if the petitioners are not serving on a post which is within the channel of promotion for - 3 - N.H./ appointment on the post of Amin, the authorities could have considered the case of the petitioners for appointment as Amin by organizing a limited departmental selection test. Aforesaid submission can be appreciated, when petitioners assail the order dated 14.5.2008 by filing other writ petition. With this observation, the contempt application is disposed of. ( V.N. Sinha,J.)