IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2591 of 2007 Birendra Prasad, son of Sri Ram Agya Prasad Choudhary, Resident of Village Dhaphar, Police Station-Chhauradano, District-East Champaran, presently posted as Opthalmic Assistant Sadar Hospital, Motihari, District- East Champaran Versus 1. The State of Bihar 2. Sri A.K.Choudhary, son of not known, Commissioner-cum-Secretary, Department of Health, Bihar at Patna 3. Vinay Kumar, son of not known, District Magistrate, East Champaran 4. Dr. Gopal Prasad Verma, then Civil Surgeon-cum-Chief Medical Officer, Motihari, presently posted as Assistant Director, Phylaria Control Sultanganj, Police Station Sultanganj, District-Patna 5. Biltu Paswan, son of not known, Superintendent, Sadar Hospital, Motihari, District- East Champaran 6. Dr. S.P.Sinha, Director in Chief, Health Services, Govt. of Bihar, Patna ----------- 6. 5.1.2010 In the show cause filed on behalf of opposite party no.4, the Civil Surgeon-cum-Chief Medical Officer, Motihari, it is stated that the order under contempt stands complied with since the petitioner has been granted the benefit of first time bound promotion with effect from 18.12.1995 and also paid an amount of Rs. 167/- for the period from 18.12.1995 to 31.12.1995 since the scheme of time bound promotion has been discontinued after the implementation of fresh pay revision. It is further stated that thereafter under the ACP scheme the petitioner has been given the benefit of ACP with effect from 9.8.1999 and the concerned amount has also been paid. Learned counsel for the petitioner submits that the petitioner may be entitled to a higher pay fixation with effect from 1.1.1996 but he is unable to point out any rule or circular of the State Government in this regard. In the above circumstances, the contempt application is dismissed. However, it is made clear that if the petitioner feels that 2 he is entitled to any further benefit from 1.1.1996 in the matter of fixation of pay scale on account of his having been granted first time bound promotion prior to that date, then he may file a representation before the authorities, who shall consider and dispose of the same within a period of three months from the date of filing of the representation. S. Pandey (Ramesh Kumar Datta, J.)