IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1976 of 2009 SATYENDRA KUMAR SINGH s/o late Harish Chandra Singh, resident of village- Singhia Sagar, P.S. Banjaria, P.O. Chailaha, District- East Champaran. Versus 1. THE STATE OF BIHAR 2. Sri Bhrigu Nath Upadhyaya, the Director (Secondary Education),Bihar,Patna. 3. Sri Lalan Jha, the District Education Officer, West Champaran. ----------- 4 13.1.2010 Noticing the controversy in issue and the order of the Apex Court and a Bench of this Court, this Court set aside the order of termination of the petitioner along with several others in different writ petitions and directed for their reinstatement giving full continuity of service and pay. This not having been implemented, the present contempt application was filed . Initially in the contempt application, plea was taken that there was an advice given to prefer a L.P.A. and the L.P.A. was dismissed. Plea was then taken that advice has been given to prefer S.L.P. before S.L.P. Court. Petitioner then pointed out that in some similar matters ,S.L.P. has already been preferred and persons concerned were reinstated. There was no advice to file S.L.P. against the L.P.A. concerning the petitioner nor , in fact, any S.L.P. was filed . Then it was pointed out that considering the order of this Court the Director, Secondary Education passed an order on 16.12.2009 holding that the post from which petitioner had been terminated had been filled up and as such petitioner could not be reinstated. This Court found the said action to be wholly without jurisdiction as the writ petition was not allowed with observation for 2 reconsideration of the order of this Court but that was the order to reinstate the petitioner with full continuity of service and pay. Accordingly, the order of the Director, Secondary Education, dated 16.12.2009 ,being in teeth of the order of this Court, cannot be sustained and is set aside as such. Apprehending the said contingency, a further show cause has been filed by the District Education Officer, West Champaran clearly stating that in obedience of the order of this Court passed in the writ petition and L.P.A. and the proceedings of this contempt application, the petitioner is permitted to join. This is Annexure A to the show cause under memo no. 61, dated 12.1.2010 of the District Education Officer, West Champaran, Bettiah. In view of this letter substantially the order passed in the writ petition has been satisfied. This Court would only clarify that as per the judgment his rejoining would be for his continuance in service without break for all purposes including salary as was ordered in the writ petition. This contempt application is accordingly disposed of. Singh (Navaniti Prasad Singh, J.)