IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5266 of 2010 Upendra Chaubey, son of Late Vidyanand Chaubey, resident of village Misrauli, P.O. Koyeladeva, P.S. Mirganj, District- Gopalganj. ………….. Petitioner Versus 1.The State Of Bihar 2.Mr.Ashutosh Kumar, the Director, Primary Education, Department of Human Resources Development, Govt. of Bihar, Patna 3.Mr. Niwas Chandra Tiwari, the Regional Deputy Director of Education, Department of Human Resources Development, Govt. of Bihar, Saran Division, Chapra 4.Mr. Lokesh Kumar, the District Magistrate-cum- Chairman, District Level Compassionate Committee, Siwan, District- Siwan 5.Mr.Bashistha Narain Jha, the District Superintendent of Education, Siwan, District- Siwan. ………… Opp.Parties ---------------------------------- 4. 20/10/2011 By order dated 9.7.2010 writ application of the petitioner, namely, C.W.J.C.No.1042 of 2007 was allowed with a direction to the respondents to take final decision and pass appropriate orders for appointment of the petitioner in terms of the resolution of the District Compassionate Committee within a period of one month from the date of receipt/production of a copy of the order. The said order was produced by the petitioner before the authorities on 21.8.2010. No final order having been passed, petitioner filed this contempt application on 22.12.2010. When the matter was taken up on 9.2.2011, opposite parties were allowed four weeks time to 2 file their show cause. In compliance to the said order, a show cause has been filed by the opposite parties. Along with the show cause, an order passed by the Regional Deputy Director, Education, Saran at Chapra has been annexed as Annexure-A. From this order, it appears that the Regional Deputy Director found it difficult to appoint the petitioner on a Class III post under the Government in view of a judgment of this Court passed in L.P.A.No.321 of 2010. Hence, by letter dated 30.8.2010 petitioner was asked to submit his consent for his appointment on the post of Prakhand Teacher on a fixed pay in terms of 2006 Rules and Government instructions. Admittedly, petitioner has not furnished his consent to the authorities till now. Hence, no appointment letter has been issued to the petitioner. In the above facts and circumstances, this Court does not find that a case of contempt is made out. Accordingly, this application is dismissed. Petitioner will be at liberty to challenge the said order of the Regional Deputy Director, Education, Saran in accordance with law in an appropriate proceeding. Pradeep/ ( J. N. Singh,J.)