IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.337 of 2010 SADA NAND JHA, SON OF LATE TARA KANT JHA, RESIDENT OF MOHALLA B. AREA MITHAPUR, P.S. JAKANPUR, DISTRICT PATNA. ---------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE TOWN COMMISSIONER K. SANTHIL KUMAR ---------- OPP. PARTIES ----------- 5 10.11.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Corporation. While hearing the contempt application, the stand taken on behalf of the petitioner that the Corporation should consider grant of basic salary to the petitioner on the post on which he was working i.e. of an Assistant. It appears that persons working on the said posts although they were initially appointed as Peon and Khalasi were granted the basic scale of an Assistant as they were performing the work of an Assistant. The petitioner submits that the Corporation has made payment to the petitioner but it has been made from the date on which the order was issued rather than the date from which the petitioner was posted as an Assistant. It is submitted that the order of this Court indicates that 2 “the Corporation should pass an order granting basic salary of the post of Assistant to the petitioner which may be due to him as it has been done in the case of Sri Sheo Bachan Pd. Yadav and Sri Rajendra Kumar.” The submission is that in fact the order has only been partly complied with inasmuch, the basic salary has been granted but not from the due date. This contempt application is disposed of with leave to the petitioner to challenge Annexure-2. The question of delay for filing of the writ application would not rise in this case as the petitioner was pursuing a remedy in this Court by filing a contempt application. Sanjay ( Sheema Ali Khan, J.)