IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.749 of 2007 ASHOK KUMAR YADAV & ORS Versus STATE OF BIHAR & ORS ----------- 4. 17.8.2009 The contempt application has been filed alleging violation of the interim order dated 23.4.1999 passed in C.W.J.C. No. 3505/1999, which is pending. The petitioners are not even parties in the writ petition much less being petitioners therein. In the said writ petition, this Court had passed an interim order dated 23.4.1999 directing that in the meantime, no recovery shall be made from the petitioners. In the present matter the grievance of the petitioners of the contempt petition is that the up-graded scale was being paid to the writ petitioners on a pick and choose basis and on account of the hue and cry raised by the present petitioners the same was cancelled, upon which the writ petitioners approached this Court by filing C.W.J.C. No.3505/1999 in which the above direction of non-recovery was passed. It is stated that not only the recovery is not being made but again the writ petitioners are being paid the up-graded pay scale, which was no part of the direction of this Court. The present petitioners have, therefore, also sought to add the writ petitioners as opposite parties in the present contempt petition by filing I.A. No. 5145/2009. This Court is unable to understand as to how a contempt petition would lie at the behest of the present petitioners. Even if a 2 view is taken that they are merely bringing violation of the order of this Court to its notice , the question is that since the interim order only directed non- recovery, a contempt against such an order can come into existence if recovery was made thereafter. No such allegation has been made in the contempt petition that despite the said interim order, the opposite party-officials of the State continued to make the recovery. It is evident that the contempt petition is not only misconceived but an abuse of the process of the Court and the same is, accordingly, dismissed along with I.A. No. 5145/2009. VPS (Ramesh Kumar Datta, J.)