IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 3284 of 2009 Vinod Kumar Singh ………………. Petitioner Versus 1. The State Of Bihar 2. Sri C.K. Mishra, Secretary, Department Of Health & Medical Education, Government Of Bihar, Patna 3. A.R.N. Shitalwar Medical Council Of India through its Secretary, Aiwan-E-Galib Margh, Kotla Road (Opposite Mata Sundari College For Woman), New Delhi ………….. Opposite parties ---------------------------------- 17. 21.09.2011 Heard learned counsel for the petitioner and the State. Initially a Supplementary Show-cause has been filed, annexing a notification dated 08.09.2011, issued by the Department of Health, promoting the petitioner as Professor of newly created Super-specialty Department of Nephrology with effect from 29.10.2008. In the 6th Supplementary Show-cause, it has been stated that on account of issuance of this notification, there has been proper and substantial compliance of the direction of this Court. However, the counsel appearing for the petitioner submits that the direction of this Court was for giving promotion to the petitioner to the post of Professor with effect from the year 2003, when the post of Professor fell vacant. Since it has not been allowed to the petitioner with effect from the year 2003, it is not a proper compliance of the direction of this Court. Further 2 objection raised by the petitioner relates to giving only notional promotion with effect from 29.10.2008 and payment of monetary benefits with effect from the date of the joining. I find that there is no literal and full compliance of the direction of the Court, but substantial compliance is there. This Contempt Application, as such, is being disposed of, giving liberty to the petitioner to challenge the notification, through which, promotion has been given not with effect from the date post fell vacant and petitioner became entitled such promotion. SKM (Mridula Mishra, J.)