IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4060 of 2010 Ram Sewak Roy Versus The State Of Bihar & Ors with Civil Review No.324 of 2010 IN (CIVIL WRIT JURISDICTION CASE 7124/2010) The State Of Bihar & Ors. Versus Ram Sevak Roy & Ors. ---------------------------------- For the Petitioner:- Mr. Amrandar Ramsewak Roy, Adv. For the State:- Mr. Sanjeev Kr. Singh, Adv. For the Ministry of Personnel :- Mr. S.N. Pathak, Adv. ---------------- 4. 21.12.2011 Heard learned counsel for the petitioner and the opposite parties. Civil Review No. 324 of 2010 has been filed for Review of the order dated 13.8.2010 passed in C.W.J.C. No. 7124 of 2010. M.J.C. No. 4060 of 2010 arises out of the order in C.W.J.C. No. 7124 of 2010. The applications are taken up for consideration together. In the writ petition the Court noticed an order of the Deputy Secretary, Home (Special) Department, Government of Bihar dated 16.2.2008 that the petitioner should not be relieved from the State of Bihar for joining in the State of Jharkhand pursuant to cadre allocation as the matter was being pursued with the Union of India for reconsideration of his cadre allocation. On 2 25.6.2009 the Deputy Secretary again wrote that it had been decided to actively pursue matters with the Union of India for his repatriation to the State of Bihar. It was held that the respondents could not challenge their own order dated 25.6.2009. Effectively the petitioner continued to remain in the State of Bihar. The Civil Review Application at Annexure-1 contains a letter dated 1.10.2009 that on reconsideration of the matter the State Government had decided that there was no occasion to consider the request of the petitioner for continuance in the State of Bihar. It put an end to the letter dated 25.6.2009. It is fairly acknowledged that the letter dated 1.10.2009 could not be brought to the attention of the writ Court as counter affidavit could not be filed. It is further submitted from Annexure-10/B to the writ petition, a letter dated 3.4.2010, written by the petitioner, that he was aware that there was an order by the Home (Special) Department rejecting his continuance in the State of Bihar. Learned counsel for the petitioner submits that M.J.C. No. 3031 of 2008 was filed earlier in which directions had been given to pay 3 the arrears of salary. The respondents paid the same but never brought to the attention of the Court on 31.3.2010 that any letter of the nature dated 1.10.2009 had been issued. The order dated 13.08.2010 in C.W.J.C. No. 7124 of 2010 was passed on the basis of a certain state of facts with regard to the letters dated 16.6.2008 and 25.6.2009. The order dated 1.10.2009 withdraws the very substratum of the same. It is difficult for the Court to proceed in the contempt jurisdiction. It is true that the letter dated 1.10.2009 was not brought to the attention of the Court in C.W.J.C. No. 7124 of 2010. Nonetheless it is a Government order, not challenged by the petitioner, despite his acknowledgement at Annexure 10/B to the writ petition of his awareness of the same. From the facts it is apparent that till 30.9.2009 the petitioner was validly acting under the letter of the Deputy Secretary dated 25.6.2009 by continuing in the State of Bihar. Naturally he is entitled to full benefits of the same less that already paid to him as noticed in M.J.C. No. 3031 of 2008. Let the legitimate arrears, after 4 adjustment, be now paid to the petitioner as ascertained till 30.9.2009 by the State of Bihar. The State is at liberty to recover the same from those whom it may determine to fix responsibility upon. The Review application is allowed and the contempt application is dismissed with directions. P. Kumar ( Navin Sinha, J.)