IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1852 of 2006 KHARO RAUT Versus STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Devendra Prasad Singh For the respondents : None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 16th September, 2008 The writ petition filed by the petitioner being CWJC. No.16270 of 2004 came to be disposed of by this court on 9th May, 2006. The grievance raised in the writ petition was with regard to non-consideration of the petitioner‟s case for assured career promotion scheme under Bihar State Employees Service Conditions Amendment (Assured Career Progression Schemes) Rules, 2006 (for short, „Rules, 2006‟). 2. The writ petition came to be disposed of by the following order: “ The one and only grievance of the petitioner that remains to be considered is the claim based on Bihar State Employees Service Conditions Amendment (Assured Career Progression Schemes) Rules, 2006. Let such claim of the petitioner be considered under the said Rules and if it is found that petitioner in terms of the said Rules is entitled to any benefit, let the same be made available to the petitioner within three months from today.” 2 3. By means of this contempt application, the petitioner has raised grievance that the respondents have not obeyed the order dated 9th May, 2006. 4. The cause has been shown by respondent no.6 . It is stated that pursuant to the order of this court dated 9th May, 2006, the petitioner has been granted first and second assured career promotion benefit effective from 9th August, 1999, as admissible under the Rules, 2006. The copy of the order dated 8th August, 2006 has been placed on record. The monetary benefit is also said to have been given to the petitioner and in support thereof a document dated 25th August, 2006 has been placed on record. It is stated that based on that, the Accountant General of Bihar has also been requested to revise the pension and gratuity of the petitioner. 5. The counsel for the petitioner does not dispute that first and second assured career benefit has been given to the petitioner with effect from 9th August, 1999. He, however, submits that the petitioner was entitled to first assured career promotion benefit with effect from 1st January, 1996. We are afraid, this aspect cannot be made the subject matter of contempt jurisdiction. 6. The order that has been passed by this court in the writ petition filed by the petitioner was that the petitioner‟s case be considered under Rules, 2006 and if he was found entitled to any benefits, the same would be made available to him. 3 7. We are satisfied that no case of deliberate disobedience or defiance of the order of this court is made out. 8. Contempt application is, accordingly, dismissed. 9. However, if the petitioner has any claim with regard to his entitlement of assured career promotion with effect from 1st January, 1996, instead of 9th August, 1999, he may make a representation to the concerned authority, who is expected to consider the same in accordance with law and intimate the petitioner, the decision taken thereon. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/