IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2159 of 2006 BHUPENDRA PRATAP PANDEY Versus BIHAR STATE KHADI & VILLAGE INDUSTRIES BOARD & ORS ----------- For the Petitioner : Mr. Madan Prasad Singh No. 2 For the Respondents: Mr. Amitabh Kumar ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 9th July, 2008. Grievance of the petitioner in the writ petition was that in spite of merger of the cadre of Supervisor with that of Inspector, he was not being given the benefit of pay scale which is payable to the cadre of Inspector. The Single Judge after hearing the parties disposed of the writ petition on 2.5.2006 by passing the following order : “Having heard the counsel for the parties including the counsel for the Khadi Board, I deem it expedient to direct the Chief Executive Officer, Bihar State Khadi and Vilage Industries Board to dispose of the representation dated 11.1.2000 and dated 8.12.1999 Annexures 3, 3-A and 8 respectively within a period of three months. Within the said period financial benefits, if any, admissible to the petitioner should also be paid. During the hearing of this writ petition it was also submitted by the counsel for the petitioners that petitioners also officiated on higher post for which officiation they have not been paid the officiating allowances in terms of the rules. In this connection as well the petitioners are at liberty to represent before the Chief Executive Officer who should dispose of the same along with Annexures-3, 3A and 8. “ - 2 - 2. It would be, thus, seen that the claim of the petitioner with regard to pay scale of Inspector has not been granted by this Court. What has been directed is that the representation already made by the petitioner be disposed of by the Chief Executive Officer, Bihar State Khadi and Village Industries Board within a period of three months and if financial benefits were found admissible, the same should be paid. 3. As regards the grievance of the petitioner that he officiated on higher post for which officiation he was entitled for the officiating allowance, the same has not been granted and the Court has given liberty to the petitioner to represent before the Chief Executive Officer who would also dispose of the said representation. The petitioner is said to have made representation with regard to the officiating allowances on 19.5.2006. His grievance is that his representation claiming pay scale of Inspector has been wrongly rejected and no order has been passed with regard to the representation for officiating allowance. 4. In so far as claim of pay scale of the cadre of Inspector is concerned, the Chief Executive Officer of the Bihar State Khadi and Village Industries Board has specifically rejected the same by reasoned order dated 13.6.2006. The legality and correctness of the said order dated 13.6.2006 cannot be put in issue in contempt jurisdiction. Thus, it appears to us that there has been no deliberate disobedience on the part of the Chief Executive Officer, Bihar State - 3 - Khadi & Village Industries Board. 5. As regards the grievance of the petitioner that his claim for officiating allowances, for which representation has been made on 19.5.2006, has not been specifically considered in the order dated 13.6.2006, we find some merit in this argument. Non consideration of the representation dated 19.5.2006 does not seem to be deliberate but because of some inaction. 6. We, therefore, now direct the Chief Executive Officer, Bihar State Khadi & Village Industries Board to consider the petitioner’s representation with regard to officiating allowances for which representation has been made on 19.5.2006 and dispose of the same as early as possible and in no case later than two months from the date of receipt of this order. 7. M.J.C. is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-