IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1709 of 2005 Mahendra Lal Das, , son of late Satya Narayan Das, resident of village- Aasi, P.S. Ghanshyampur, District-Darbhanga, at present residing at Kankarbagh, P.S. Kankarbagh, District-Patna Versus 1. State of Bihar through Sri G.S.Kang, Chief Secretary, Government of Bihar, Patna 2. Sri Arun Kr. Singh, Secretary, Public Health Engineering Department, Government of Bihar, Vishweshwariya Bhawan, Patna 3. Sri Jyotindra Nath Pandey, the Joint Secretary, Public Health Engineering Department, Govt. of Bihar, Vishweshwariya Bhawan, Patna 4. Sri Ravi Kant, The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna ----------- 4. 24.06.2009 Heard learned counsel for the parties. The petitioner claims that the opposite parties have committed contempt of Court by willfully disobeying the order dated 13.1.2005 passed in CWJC No. 9651/99. By the said order this Court had held that no question of reservation or roster clearance would arise in the present matter as 100% reservation is not permissible, the post of Chief Engineer (Mechanical) being a single post and accordingly directed the authorities concerned to consider the case of the petitioner notionally for his promotion to the post of Chief Engineer (Mechanical) PHED in accordance with law. Subsequently, the case of the petitioner was considered and while the Departmental Promotion Committee recommended his case for promotion, the same has been turned down on the basis of view expressed by the Finance Department and the Law Department that the petitioner was not entitled to notional promotion for the reasons stated by them. In the aforesaid view of the matter, this Court is not - 2 - inclined to accept the submission of learned counsel for the petitioner that the authorities have committed any contempt of the order dated 13.1.2005 of this Court. The application is accordingly dismissed. However, it would be open to the petitioner to challenge the action of the authorities in not granting him notional promotion in an appropriate proceeding. S.Pandey (Ramesh Kumar Datta, J.)