IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6450 of 2010 1. DR. SHYAMDEO PRASAD S/O LATE MANIK PRASAD R/O MOHALLA- HERUDIYARA, SUB-POST OFFICE- HERUDIYARA, P.O.- MUNGER, P.S.- KASIM BAZAR, DISTT.- MUNGER, DEPUTY MEDICAL SUPERINTENDENT CUM RESIDENTIAL MEDICAL OFFICER (R.M.O.), THE TEMPLE OF HAHNEMANN HOMOEOPATHIC MEDICAL COLLEGE & HOSPITAL, MUNGER Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER- CUM-SECRETARY, HEALTH AND MEDICAL EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. THE DIRECTOR DESI CHIKITSA (INDIGENOUS SYSTEM) OF MEDICINE-CUM-HOMOEOPATHY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 3. THE DEPUTY DIRECTOR DESI CHIKITSA (INDIGENOUS SYSTEM) OF MEDICINE-CUM-HOMEOPATHY, DEPTT. OF HEALTH, GOVT. OF BIHAR, PATNA 4. THE DISTRICT OFFICER (DISTRICT MAGISTRATE), MUNGER 5. GOVERNING BODY OF THE TEMPLE OF HAHNEMANN HOMEOPATHIC MEDICAL COLLEGE & HOSPITAL, MUNGER THROUGH IT'S CHAIRMAN, DISTRICT OFFICER, MUNGER 6. THE TEMPLE OF HAHNEMANN HOMOEOPATHIC MEDICAL COLLEGE & HOSPITAL, MUNGER THROUGH VICE PRINCIPAL, THE TEMPLE OF HAHNEMANN HOMOEOPATHIC MEDICAL COLLEGE & HOSPITAL, MUNGER ----------- For the petitioner: Mr. Dhirendra Kumar Jha. For the State : Mr. R R Tiwari, AC to AAG-12. For respondent No.7: M/S. B K Chaudhary, Sr. Advocate & Rajani Kant Pathak. ------ 03. 13.5.2011 Learned senior counsel representing the private respondent No.7 has raised a valid objection to the maintainability of the present writ application. The said objection is that there cannot be a mandamus for implementation of the mandamus issued earlier by the High Court. It is evident from the pleadings and assertions made in the writ application that there are already directions issued by the High Court in two writ applications filed earlier and there 2 is a contempt application still pending for non-compliance of at least part of the order. The stand of the private respondent in this regard seems to be correct. Therefore, the present writ application is ill- advised. Counsel for the petitioner thereafter submits that at least one part of the order has been complied, in the sense that the District Magistrate has already passed some orders after holding a meeting on some aspect and the running of the affairs of the College in question. Respondent no.7 is no longer the Principal of the College but disbursement of the salary to the employees remains an issue. In this regard the Court can only observe that the District Magistrate cum Chairman of the Managing Committee will also ensure that further decisions in this regard are taken and the employees who are bonafide claimants are not denied their salary on one pretext or the other. The writ application is otherwise dismissed. rkp ( Ajay Kumar Tripathi, J.)