IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1223 of 2008 Chandra Lekha Thakur Versus The State Of Bihar & Ors ----------- 9 06.09.2011 This application is for initiating contempt proceeding for the alleged disobedience of the order dated 17.12.2007 passed in CWJC No. 380 of 2005. Learned counsel for the petitioner submits that the aforesaid writ application was disposed of directing the Additional Chief Medical Officer, Munger to send the Service Book of the petitioner as well as the Last Pay Certificate to the Incharge Medical Officer, Public Health Centre, Jhajha so as to make the payment of all due salary due and payable to the petitioner within a period of one month. The submission on behalf of the petitioner is that this Court before directing as above, considering the letter dated 4th August, 2004 of the Government in the Department of Health found that the letter dated 8th April, 2006 written by the Additional Chief Medical Officer, Jamui instructing the Incharge Medical Officer, Public Health Centre, Jhajha to stop engaging the petitioner at Jhajha was found to be not correct in view of the Government’s letter dated 4th August, 2004 whereby the Medical establishment at Jamui was directed to make the payment of salary to the people working in various establishments under head 2210 and while doing so also directed that the Cholera workers working at Jhajha Public Health Centre be also paid out of the said head. As such petitioner was required to be kept at Jhajha permanently. Learned counsel, however, does not dispute that the direction of this Court directing the Chief Medical Officer, Munger to send the Service Book and Last Pay Certificate to enable payment of the unpaid salary could be made, is complied with and petitioner has received his arrears of salary till November, 2010 and thereafter he has not received his salary. A supplementary affidavit has been filed on behalf of the petitioner bringing on record the order contained in memo no. 1409 dated 3rd December, 2010 issued by the State Government in the Department of Health under the signature of the Joint Secretary, Government of Bihar whereby the order with respect to the transfer/deputation issued by the Regional Deputy Director, Health Services, Munger Division, was cancelled and the petitioner was transferred and posted in the office of Chief Medical Officer, Munger. It is accordingly submitted that the aforesaid order dated 03.12.2010 is in disobedience of the order of this Court, and as such, the concerned opposite parties deserves to be proceed for the contempt of this Court. Mr. Yogendra Prasad Sinha, learned Additional Advocate General No. XV appearing for the State submits that it is not in dispute that the direction of this Court as per the order dated 17th December, 2007 in CWJC No. 380 of 2005 has been duly complied with by carrying out the direction by sending the service book of the petitioner as also the last pay certificate to the Incharge Medical Officer, Public Health Centre, Jhajha. The petitioner was accordingly paid the arrears of salary till November, 2010 and thereafter the petitioner, as per the order dated 03.12.2010 as contained in Annexure-S/1 to the supplementary affidavit, was transferred and posted in the office of the Chief Medical Officer, Munger but the petitioner has not joined in the said office on being relieved by the Additional Chief Medical Officer, Jamui as per memo no. 298 dated 4th December, 2010 for joining at the place of his posting. It is accordingly submitted that the decision of the Government transferring the petitioner from the present place of posting as per order contained in Annexure-S/1 is not in violation/disobedience of the order of this Court and accordingly the contempt application deserves to be dismissed. Learned counsel for the petitioner submits that although the arrears of salary up-to November, 2010 has been received, however the same was paid by the office of the Chief Medical Officer, Munger through the cheque which was handed over to the counsel for the petitioner in this Court. Considering the rival submissions of the parties and on perusal of the statements made in this application as also the show cause/supplementary show cause, I find that the direction of this Court to send the service book of the petitioner as also the last pay certificate so as to enable the petitioner to get his arrears of salary has been carried out and also payment made as noted above, and as such, the order of the Court having complied with, I do not find any cause to proceed further in this matter. The contempt application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)