IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2139 of 2005 ------ NANDU RAUT & ORS Versus STATE OF BIHAR & Others ----------- For the Petitioners : Mr. Lalan Kumar Singh For the Respondents: Mr. S. S. Mishra, J.C. to G.A. 5 ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 8th July, 2008. The grievance in this contempt petition is with regard to disobedience of the order dated 26.4.2005. 2. In the writ petition (C.W.J.C. No. 15431 of 2001), the petitioners prayed for a direction to the respondents to regularize their services. 3. The Court disposed of the writ petition on 26.4.2005 by passing the following order : “It is true that the engagement/appointment of the petitioners, though was not made in accordance with the provisions of Articles 14 and 16 of the Constitution, they were allowed under the respondents for about two decades. Regard being had to the period of continuance of the petitioners under the respondents, in my opinion, they would be entitled for minimum time scale, though not for regularisation on permanent post. On the question involved in this writ application, different views have been taken by this Court and the Apex Court. In some of the cases, it has been held that appointments on Government posts should done - 2 - in accordance with Articles 14 and 16 of the Constitution, whereas in some of the cases reliefs have been granted to the aggrieved persons invoking equity. The Court faced with this situation directs the respondent authorities to consider the cases of the petitioners for grant of minimum time scale keeping in view their past services and experience. This exercise, however must be completed by the respondents within a period of three months from the date of receipt/production of a copy of this order.” 4. The respondents have chosen to respond to this M.J.C. by filing show cause and the affidavit. It is stated therein that in compliance of the order dated 26.4.2005, the cases of the petitioners were considered and since the time scale was not admissible to them, an order came to be passed on 28.6.2005 which has also been communicated to the petitioners. 5. It is further submitted that subsequently in view of another order passed by this Court on 13.7.2006 in the case of Ram Tapeshwar Sah and others Vs. The State of Bihar (C.W.J.C. No. 7359 of 2002), the cases of the petitioners along with others were also considered for regularization/appointment under regular establishment and the petitioners have been selected for being adjusted under regular establishment against the recently created and sanctioned vacant posts by the Committee vide memo bearing No. 1122 dated 28.11.2006. In the light of the fact that the petitioners have already been adjusted in the regular establishment against regular posts, we are satisfied that, as a matter of fact, the petitioners have been given a larger relief than was contemplated in the order dated 26.4.2005. - 3 - 6. Nothing further needs to be done in this M.J.C. application. It is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-