IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1947 of 2009 URMILA TIWARI Versus THE STATE OF BIHAR & ORS 5 3-9-2010 Heard learned counsel for the petitioner and learned counsel for Bihar State Industrial Development Corporation. The Division Bench order dated 09-09-2008 contained in annexure-1 makes it clear that it had not expressed any opinion in regard to the entitlement of the writ petitioner and that was to be decided by the respondent Corporation in accordance with law. The direction was that if any amount is found due to the petitioner the same shall be paid to her within four months from the date of receipt/production of a copy of this order. On behalf of Bihar State Industrial Development Corporation a categorical stand has been taken on the basis of earlier show cause as well as a supplementary show cause filed today that other admitted dues of the petitioner have been paid. Only dues of D.A. remain to be paid because the Corporation is having no adequate fund. In that regard a stand has been taken that dues of D.A. are being paid in instalment of Rs.10,000/- per month in view of larger policy 2 decision so that all the legal liabilities of the Corporation may be satisfied in a planned manner in spite of financial constraint. In view of aforesaid stand of the opposite party Corporation, we are not inclined to proceed further because the failure to pay the admitted dues of D.A. within stipulated time is on account of lack of adequate fund and not on account of any deliberate disobedience. The only claim of the petitioner is in respect of medical bills relating to treatment of her husband. About that the Corporation has taken a categorical stand in paragraph-2 of the supplementary show cause that the medical bill is not admissible and was rejected and such medical bill of treatment in private hospital without prior permission of the competent authority has not been paid to any of the employees of the Corporation. Although learned counsel for the petitioner has challenged the aforesaid stand of the Corporation but in the facts of the case, we find that there was no positive direction by the writ court to pay the medical bill rather the direction was to pay only the admitted dues. 3 Hence, we are not persuaded to hold the opposite party guilty. The contempt application is dismissed. Naresh ( Shiva Kirti Singh, J.) ( Hemant Kumar Srivastava,J)