IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.170 of 2007 DR.DHIRENDRA KUMAR DAS 'ARBIND Versus THE STATE OF BIHAR & ORS ----------- 3. 18/12/2008 By order dated 14.3.2005 passed in C.W.J.C.No.12538 of 2001, this Court, while disposing of this writ application, held that both the pay scale and the service condition of the employees of the Institute i.e. in the grade of the petitioner, would be at par with those of Bihar Education Service Class-II but he would not be a Government employee as he is an employee of an autonomous institution. Apparently, no positive direction was issued by this Court in favour of the petitioner, except holding him to be treated at par with Class-II employees of Bihar Education Service. To that effect, the opposite parties have already issued an office order from the level of the Department which has been enclosed as Annexure-A to the show cause filed on behalf of opposite party no.2. Therefore, the order of this Court is sufficiently complied with by consequential order issued by the opposite parties. - 2 - In the circumstances, no case is made out for initiating a proceeding of contempt against the opposite parties. This application is accordingly dismissed. However, Mr.Purushottam Kumar Jha, learned counsel appearing for the petitioner submits that he has not been served with the copy of the show cause. The name of Mr.Purushottam Kumar Jha does not appear on the vakalatnama of the petitioner. Two names, i.e. names of Mr.Shashi Bhushan Singh and Mr.Kripa Nand Jha appear on the vakalatnama of the petitioner. The endorsement on the copy of the show cause filed by the opposite party appears to have been made by said Mr.Shashi Bhushan Singh. Mr.Shashi Bhushan Singh is not personally present in Court to dispute receipt of the show cause. In that view of the matter, it cannot be held that the copy of the show cause has not been served on learned counsel for the petitioner. Mr.Purushottam Kumar Jha, learned counsel appearing for the petitioner further submits that the consequential benefits of such order as enclosed with the show cause has not been paid - 3 - to the petitioner. Now that the order has been issued putting the petitioner in the grade of Class-II employees of Bihar Education Service, it is obvious that they have to take further steps for fixing service conditions and pay scales of the petitioner accordingly and pay the consequential benefits to him. Since there was no positive direction in the writ matter to that effect, case for initiating contempt proceeding at least is not made out. Pradeep/ (J. N. Singh, J.)