IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2418 of 2010 GAUTAM KUMAR Versus STATE OF BIHAR & ORS. ----------- 5/ 9.2.2011 This contempt application has been filed by the petitioner as the order passed in C.W.J.C. No. 17534 of 2008 was not being complied by the Opposite parties despite the fact that no L.P.A. had been preferred against the order passed in the writ application. No stay order had been passed by the superior court in this matter. On the last occasion, the District Education Officer, Samastipur was asked to appear in court and he has given undertaking that the direction regarding reinstatement of the petitioner with full consequential benefits will be complied. Today, when the matter is taken up, the District Education Officer, Samastipur is present with his supplementary show cause. Along with the supplementary show cause, the order contained in letter no. 40 dated 2.2.2011 has been annexed to inform the court that petitioner has been reinstated in the same scale, where he was working but there is no order regarding the consequential benefits. Partial compliance is there. In the order, it has been mentioned that in case any order is passed by the department or by the Hon’ble Court in this matter, services of the petitioner will be deemed to have been automatically terminated. The opposite parties must be aware of the fact that since the petitioner has been reinstated in compliance of the direction of this court, departmental order is not 2 sufficient for termination of the petitioner’s service unless the educational degree on the basis of which the petitioner has been appointed, itself is held to be inappropriate for the post he is working. The opposite party will make payment of all consequential benefits to the petitioner without any delay. This proceeding is being dropped. In case the consequential benefits are not allowed to the petitioner, he will have the liberty to re-agitate the matter by filing contempt application. Personal appearance of the District Education Officer, Smastipur is dispensed with. Anil/ ( Mridula Mishra, J.)