IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1787 of 2008 MD.YAHIYA ANSARI, S/O LATE MD. IDRIS ANSARI, RESIDENT OF VILLAGE-GAJIPUR, P.S.-TARAPUR, DISTRICT-MUNGER. ………………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SRI AJAY NAYAK, THE COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. KAMESHWAR PRASAD SINHA, CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BHAGALPUR. 4. BIRENDRA KUMAR MISHRA, EXECUTIVE ENGINEER, IRRIGATION DIVISION, WATER RESOURCES DEPARTMENT, TARAPUR. 5. SRI SUBHASH CHANDRA JHA, TREASURY OFFICER, BHAGALPUR. ………………………OPPOSITE PARTIES. ----------- 4 27.01.2009 On the last occasion when the case was taken up, learned counsel for the petitioner submitted that false statement was made by the learned counsel for the opposite parties in the writ matter that the approval of the Finance Department had not been received. Fact was that the approval had been received by the Finance Department for payment of pecuniary benefits of time bound promotion to the petitioner long back. Hence to check up the pleadings of the parties in the writ matter, records were directed to be placed. From the perusal of the counter affidavit and supplementary counter affidavit filed on behalf of the respondents in the writ matter, it appears that the respondents accepted that the approval of the Finance Department had been received on 7.5.2005 and payments shall be released to the petitioner shortly. Since full payment was not received by the petitioner pursuant to the directions of this Court within three months as stipulated, the petitioner has filed this contempt 2 application. Before filing of this contempt application, the opposite parties have paid part of arrears of time bound promotion to the petitioner on 14.12.2007 and again paid the rest on 9.8.2008 after filing of the contempt petition. Learned counsel for the petitioner states that since full payment has been released to the petitioner only on the filing of the contempt application and much beyond the period of three months fixed by this Court, there is non-compliance of the orders of this Court and the petitioner should be paid interest on the delayed payment. Since the payments had been released to the petitioner before the filing of the contempt application and the second installment was released to him soon after the contempt application was filed, this Court is not inclined to proceed in the matter and the matter is dropped. The contempt application is dismissed. Arvind/ ( J. N. Singh , J. )