IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1638 of 2009 SHATRUGHAN PRASAD YADAV, son of Sri Anirudh Yadav, resident of Village Koriam, PO Masumganj, PS and Block Asarganj, District Munger Versus 1. THE STATE OF BIHAR 2. Lokesh Kumar Singh, District Magistrate, Munger 3. Arvind Kumar Singh, Deputy Development Commissioner, Munger 4. S M Affaq, District Panchayat Raj Officer, Munger ----------- 03- 28.7.2010 Heard Mr. Jitendra Kumar Roy for the petitioner, and Mr. Vijay Kumar Pandey, learned Assistant Counsels to Govt. Pleader no.18. This application under section 12 of the Contempt of Courts Act, has been preferred for the alleged non- implementation of the order dated 24.10.2003 (Annexure 1), passed in MJC No.212 of 2003 (Mahamaya Prasad v. State of Bihar & Ors.), which was disposed of with the following direction :- “3. The stand taken by the respondent authorities is not in true spirit of implementation of the order of this Court. The State Government is trying to play tricks with the Court and has chosen to apply the self- imposed executive embargo on the general category and has refused to apply the same to the reserved category. Such an approach in spirit and substance is in purposive disobedience of the order of this Court. In that view of the matter, the District Magistrate of the district of Munger is hereby directed to fill up at least 8 posts of Panchayat Sevaks of the general category and report compliance to this Court by filing an affidavit personally sworn 2 by him within a period of four weeks. It will be open to him to seek post-facto sanction of the State Government including the Finance Department.” 2. It is evident on a perusal of paragraph-3 of the order passed in the previous contempt application set out hereinabove that the present petitioner was not a party to that proceeding, and eight posts of Panchayat Sevak of the general category had to be filled up. The contemners have placed on record their show cause wherein it is stated that 7 posts of general/unreserved category have already been filled up. It appears to us that the petitioner does not belong to the general/unreserved category is not covered by that order, and get benefit of the same. This is a frivolous application. It is accordingly rejected. 3. The District Magistrate, Munger, is hereby directed to ensure that the petitioner is not appointed amongst the 8 candidates of the unreserved/general category. 4. Let a copy of this order be handed over to learned Govt. Pleader no.18. ( S K Katriar ) mrl 3