IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.434 of 2009 BIHAR STATE ASSISTANT GODOWN MANAGERS ASSOCIATION Versus THE STATE OF BIHAR & ORS. ----------- For the Petitioner : Mr. P.N. Shahi, Advocate For the S t a t e : Mr. A. Prabhakar, A.C. to AAG 11 For the Corporation: Mr. R.S. Pradhan, Sr. Advocate with Mr. A.N. Rai, Advocate ----------- 2. 17.5.2011 Heard learned counsel for the petitioner and the opposite party-Corporation as also the State. It is submitted on behalf of the petitioner that the order of this Court shows that the Corporation was at liberty to fill up the vacant posts afresh in accordance with law. It is submitted that the order passed by the Corporation, as contained in letter No.2724 dated 26th of March, 2009 (Annexure F) is not correct because the petitioner could not have been promoted on the post, which is ex- cadre post. Mr. R.S. Pradhan, learned counsel appearing for the opposite party-Corporation, on the other hand, submits that this contempt application deserves to be dismissed for the simple reason that the petitioner is a stranger since he is not the General Secretary of the petitioner-Association. Besides the above, it is submitted that the said order (Annexure F) is correct and in accordance with law. However, if anyone is personally aggrieved, the person aggrieved could have assailed the same. However, no one has assailed the - 2 - aforesaid order, as contained in Annexure F to the show cause. Considering the rival submissions of the parties, since the order has been complied with by passing the order, this contempt application need not proceed further. However, the person aggrieved by the aforesaid order will be at liberty to assail the same in accordance with law. The M.J.C. application stands disposed of. PNM (Shailesh Kumar Sinha, J.)