IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.173 of 2009 MD. MANJOOR ALAM Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Narain Singh, Sr. Adv. For the Opposite Parties :- Sri K.B. Nath Sri S.B. Singh Sri S.C. Jha 3 12.5.2009 Heard counsel for the parties. The grievance of the petitioner as projected by his learned counsel Mr. Narain Singh is that despite an earlier direction of this Court in the order dated 23.5.2006 to the following effect “In the aforesaid facts and circumstances the only order that can be passed in the case is to direct the Zila Parishad, Katihar to re-instate the petitioner without any undue delay and within one week from the date of receipt/production of a copy of this order. After re-instatement, apart from his current salary, all his arrears of salary/ subsistence allowance must be paid to him within two months from the date of his joining.” has not been complied in letters and spirit. Mr. Singh, learned counsel appearing on behalf of the petitioner would submit that though first part of the order as with regard to reinstatement has already been complied but 2 the second part of the order as with regard to the payment of arrears of salary/subsistence allowance has not yet been carried out by the opposite parties. He further submits that the petitioner has only been paid part of his current amount and no portion of arrears have been paid as yet. Since this Court had not quantified the amount of salary or subsistence allowance, it will be very difficult for this Court to hold that the opposite parties by not making payment of arrears to the petitioner have committed contempt of this Court. None, the less as there was a direction in the order of this Court for making payment of admissible amount of salary both arrears and current as also subsistence allowance the contemner opposite parities were duty bound to take a firm decision which they ought to have taken within a period of two months from the date of joining of the petitioner, some time in the month of June, 2006 itself. This Court would accordingly dispose of this contempt application with a direction to the petitioner to file a self-contained 3 representation wherein he would spell out the period and the amount of salary/subsistence allowance which according to him is still payable in terms of the order of this Court dated 23.5.2006. On receipt of such representation, the concerned Deputy Development Commissioner cum Chief Executive Officer, Katihar Zila Parishad will pass a speaking order within a period of one month from the date of filing of such representation by the petitioner. It goes without saying that if the Deputy Development Commissioner would hold that the petitioner is entitled for any further payment, the same would also be paid to the petitioner in next one month of such order of the concerned Deputy Development Commissioner. With the aforementioned observations, and direction, this application is finally disposed of. Rsh (Mihir Kumar Jha, J.)