IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1716 of 2001 BINAY KUMAR SINHA Versus STATE OF BIHAR & ORS ----------- For the petitioner : M/s .Manmohan, Rupak & Virendra Prasad, Advocates For the respondents No.2 & 3 : Mr. Rajeev Nayan Singh, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 04th September, 2008 Surely, the attitude of the Bihar State Housing Board in the matter is not proper. As a matter of fact, because of their high handedness, the petitioner has been compelled to approach this court time and again. Even after the order was passed by the Division Bench on 20th December, 2000 extending the time till 08th January, 2001 for issuance of formal order for regularization of the service of the petitioner in work charge establishment, formal order of regularization was not issued. That necessitated the petitioner to approach this court by filing contempt application being MJC No.3937/2000. In its order dated 28th March, 2001, a further time of six weeks was given to the Board for compliance of the aforesaid order. No order was issued within six weeks of the order dated 28th March, 2001 necessitating the petitioner to file yet another contempt - 2 - application being MJC No.1716/2001 which has come up for consideration before us. 2. It appears that during the pendency of the contempt application, an order came to be issued on 08th May, 2002 regularising the service of the petitioner in work charge establishment with effect from that date. The order dated 08th May, 2002 is apparently in breach and disobedience of the order of this court dated 20th December, 2000 passed in Letters Patent Appeal. 3. All along, the Board has been acting at its whims, in a high-handed manner and deliberate defiance of the diverse orders of this court as well as the order of the Supreme court dated 13th February, 1991. Although the Board was required to regularize the service of the petitioner by bringing him on work charge establishment with effect from 19th September, 1990, the Board regularized the service of the petitioner by an order dated 08th May, 2002 from that date. All the actions of the Board tantamount to deliberate disobedience of the orders of this court and they have exposed themselves to contempt jurisdiction of this court. However, during the course of arguments, the counsel for the Board submitted that the notional regularization of the service of the petitioner shall be effective from 19th September, 1990, but on expiry of six weeks from 28th March, 2001, the petitioner shall be paid the salary and all other benefits payable to a regular employee in work charge establishment within one month from today, if not paid so far. - 3 - 4. In the light of the submissions of the counsel for the Board, we do not intend to take any action against the Board in our contempt jurisdiction and we are satisfied that following order will meet the ends of justice: (i) The Bihar State Housing Board shall pay to the petitioner the salary and other monetary benefits payable to a regular employee in work charge establishment, if not paid so far, from 09th May, 2001 until 31st August, 2008 within one month from today. (ii) On or from Ist of September, 2008 and for subsequent months, the petitioner shall be continued to be paid the salary and other monetary benefits payable to a regular employee in work charge establishment. 5. MJC stands disposed of. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil