IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3156 of 2008 INDRA KISHORE CHOUDHARY, son of late Banwari Prasad Choudhary, resident of village- Maidapur, P. S.- Bochaha, District- Muzaffarpur. Petitioner. . Versus 1. THE STATE OF BIHAR 2. Shri Deepak Prasad, s/o name not known to the petitioner The Commissioner- cum-Secretary, Health Department Govt. of Bihar, Patna. 3. Sri S. K. Singh, s/o name not known to the petitioner The Director, Health Services, Bihar, Patna. 4. Sri Bigan Paswan s/o name not known to the petitioner the civil Surgeon- cum-chief Medical Officer, Sadar Hospital, Muzaffarpur. 5. Sri G. K. Thakur, s/o name not known to the petitioner, the superintendent, S.K.M.C.H., Muzaffarpur.... respondents/opposite party. ----------- 2. 07.07.2010 Heard learned counsel for the parties. In the order of this Court dated 14.5.2008, the direction was in twofold, namely, to consider the case of the petitioner for grant of promotion as also to open the service book. From paragraph 10 of the show-cause which clearly deals with promotional aspect wherein it has been stated that while the case of promotion of the petitioner was considered it was found that he was not eligible for the same on account of he having not passed the departmental examination. It would thus be apparent that the first part of the order for considering the case of promotion of the petitioner has been complied. 2 As with regard to opening of service book though there is no specific direction but then the petitioner feels aggrieved because his payment of retiral benefit has been withheld on account of non-opening of the duplicate service book. Opposite parties however have taken a stand that it is the petitioner who is not co-operating in the matter. In that view of the matter, this Court would direct the petitioner to appear before the Civil Surgeon on 26th July 2010 whereafter the necessary formalities would be completed by the petitioner either on the same date or on any other date fixed by the Civil Surgeon. As soon as the petitioner would complete such formalities required for opening of duplicate service book, the opposite parties will take steps for payment of retirement benefit of the petitioner in accordance with law. With the aforementioned observation and direction, this contempt application is disposed of. kanchan. (Mihir Kumar Jha, J.)