IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3881 of 2009 GULABIA DEVI W/O JANAK RAUT R/O MOHALLA- AMBEDKAR NAGAR, WARD NO.-17, P.O. & P.S.- SUPAUL, DISTT.- SUPAUL Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA, NAMELY SRI ANUP MUKHARJEE 2. THE SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA, NAMELY SRI A. ANAMULLAH 3. THE DISTRICT MAGISTRATE SUPAUL, NAMELY SRI KUMAR RAI 4. THE CHAIRMAN, NAGAR PARISHAD SUPAUL, NAMELY SMT. SUNITA DEVI 5. THE EXECUTIVE OFFICER, NAGAR PARISHAD SUPAUL, NAMELY SRI SUDHANSHU SHEKHAR ----------- 2 28/4/2010 Heard counsel for the petitioner. For the reasons mentioned in this application, the contempt application (M.J.C. No.2740 of 2009) is restored to its original file. This application is accordingly disposed of. M.J.C. No.2740 of 2009. Having heard counsel for the petitioner and upon taking into account the order of this Court dated 17.2.2009 in C.W.J.C. No.2289 of 2009, it would be manifest that no final determination was made by this Court as with regard to payment of the retirement benefit to the petitioner. As a matter of fact, the petitioner claims to be an employee of Nagar Parishad, Supaul. Whether employees of Nagar Parishad were automatically entitled for payment of pension is in fact itself the subject matter of debate, inasmuch as, under the 2 concerned Service Rules, the services being made pensionable was subject to approval of the State Government. In that view of the matter, this Court has left the matter open as with regard to the list of 27 persons including that of the petitioner sent by the competent authority of the Nagar Parishad, Supaul to the State Government. The order of this Court therefore being only confined to payment of admitted retirement benefit by itself would not make the State Government or its official liable for contempt especially when there was no determination by this Court in the said order. That being so, this application for contempt being wholly misconceived is accordingly disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)