IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.286 of 2008 MADHVI DEVI …..Petitioner Versus 1. THE STATE OF BIHAR 2. Sri H.C.Sirohi, the Commissioner-cum Secretary, Department of Rural Engineering Organization, Patna. 3. Si Achchay Lal Ram, the Chief Engineer, Department of Rural Engineering Organisation, Darbhanga. 4. Sri Sanjay kumar Singh, the Chief Engineer, Department of Rural Engineering Organisation, Work Division, Madhubani. 5. Sri Sanjay Kumar, the Executive Engineer, Department of Rural Engineering Work Division, Madhubani. 6. Sri Arun kumar Sinha, the Accountant General, Bihar, Patna. ….. Respondents ----------- For the Petitioner:Mr. Nand Kishore Prasad For the State :Mr.Subhash Pd. Singh, G.A.8 For the Accountant General: Mr.Binod Kumar Labh ----- 04. 18.11.2009 Heard both sides. The petitioner seeks for initiation of contempt proceeding against the opposite parties for wilful violation of the order of this Court dated 01.10.2007, passed in CWJC No.9453 of 2007 (Madhbi Devi vs. The State of Bihar and Ors.). The operative portion of the order reads thus: Having heard both sides and after perusing the facts stated in the writ petition, this Court disposes of the writ petition with a direction upon the respondents to sanction/authorize all the admissible dues payable to the petitioner/widow of the deceased employee within a period of eight weeks from the date of receipt/production of a copy of this order failing which the petitioner shall also be entitled to Rs.1, 000/- as cost.” - 2 - A show cause has been filed on behalf of opposite party nos.3, 4 and 5. Paragraph 4 of the said show cause reads as under: “That it is humble stated that in the light of aforementioned order of the Hon’ble Court, vide office order memo no.696 dated 27.03.2008 of the Executive Engineer, Rural Works Department, Works Division, Madhubani the petitioner has been sanctioned a sum of Rupees 63971.00 (Sixty three thousand nine hundred seventy one) against unutilized leave encashment of 261 days and the same has been received by the petitioner on 31.03.2008. The petitioner has been sanctioned the amount of G.P.F. with interest amounting to rupees 107981.00 ( one lac seven thousand nine hundred and eighty one) vide office order No.55/07 dated 07.08.2007 of the Executive Engineer, Rural Works Department, Works Division, Madhubani and pursuant to that petitioner has received the amount on 29.11.2007. Likewise the petitioner has been sanctioned the amount of Group Insurance amounting to Rs.99674 (Ninety nine thousand Six Hundred Seventy four) vide officer order memo No.1251 dated 09.08.2007. By the Executive Engineer, Rural Works Department, Works Division, Madhubani which has been paid to the petitioner on 29.11.2007 It is humbly submitted that thus it is evident that the petitioner has been paid all the legally admissible dues.” Learned counsel appearing on behalf of the petitioner does not dispute the statements made therein. He, however, submits that the family pension and gratuity have not - 3 - been sanctioned/paid. The opposite parties have objected/disputed the entitlement of the petitioner to grant of family pension/gratuity. The petitioner is at liberty to approach the appropriate forum for the aforesaid grievance(s). Considering the nature of the order passed by this Court and the statements made in the show cause, this Court is satisfied that no case for wilful violation of the order has been made out at the hands of the opposite parties. The application is, accordingly, dismissed. hr ( Kishore K. Mandal )