IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2664 of 2011 PARMESHWAR PASWAN AGED ABOUT 72 YEARS SON OF TUNAI PASWAN, R/O- PERJUAR, P.S. BENIPATTI, DISTRICT - MADHUBANI VERSUS 1. THE STATE OF BIHAR THROUGH SRI AMIR SUBHANI, HOME COMMISSIONER-CUM-SECRETARY, HOME (POLICE), BIHAR, PATNA 2. SRI SANJAY HANS, D.M. , MADHUBANI 3. SRI AJAY KR. GUPTA, CIRCLE OFFICER, BENNIPATTI 4. ACCOUNTANT GENERAL, BIHAR I.D.S. DHARIWAL ---------------------------------- FOR THE PETITIONER :- DR. MISS. R. USHA, ADVOCATE FOR THE STATE :- MR. PRAVIN KR. VERMA, A.C. TO S.C.-26 FOR THE ACCOUNTANT GENERAL:-MR.SUDHIR SINGH, ADVOCATE ------------- 02. 14.12.2011 Heard learned counsel for the petitioner, Assistant Counsel to Standing Counsel No. 26 for the State and Mr. Sudhir Singh for the Accountant General. This contempt application is filed for initiating a contempt proceeding against the opposite party for the alleged disobedience of the order dated 21st of May 2010 passed in C.W.J.C. No. 14717 of 2009. This court by the aforesaid order directed to take into consideration as to whether the period between 01.01.1977 to 01.01.1990 rendered by the petitioner as a Chowkidar, would be counted for qualifying service for pension in light of the relevant provisions of Rules 58 and 59 of the Bihar Pension Rules. Pursuant to the above order, the order contained in Memo No. 2061 dated 17th of March 2011, as contained in Annexure- 1 to the contempt application is brought on the 2 record whereby the claim of the petitioner for counting the period rendered by him from 01.01.1977 to 1st of January 1990 so as to enable him to receive the pension, was rejected. Learned counsel for the petitioner submits that prior to the filing of the writ petition in question i.e. C.W.J.C. No. 14717 of 2009 disposed of on 21st of May 2010, petitioner had filed a writ petition vide C.W.J.C. No. 13634 of 2006 disposed of on 29th of April 2008 for the same relief. In the previous writ application by order dated 29.04.2008, the direction was to consider the case of the petitioner in terms of Rule 59 of the Bihar Pension Rules with respect to previous service between 01.01.1977 to 01.01.1990 rendered as a Chowkidar. Pursuant to the above order, the State Government issued the order dated 18.06.2009, which was brought on the record to the writ petition vide Annexure- 8 of the C.W.J.C. No. 14717 of 2009. The petitioner assailed the aforesaid order in the second writ petition vide C.W.J.C. No. 14717 of 2009 disposed of on 21st of May 2010 whereby direction was to consider as to whether the period between 01.01.1977 to 1st of January 1990 would be counted his qualifying service for pension in light of the relevant provisions of Rules 58 and 59 of the Bihar Pension Rules. It is submitted on behalf of the petitioner that on 3 perusal of the order as contained in Annexure-1, it would appear that the authorities concerned have not considered correctly as directed by the court and as such concerned opposite parties are liable to be proceeded for committing contempt of the court. Learned counsel for the State, on the other hand, submits that the direction of this court was to consider the case of the petitioner for considering the period rendered by him from 01.01.1977 to 1.01.1990 i.e. the period prior to the date the Chowkidar were declared as Government Servant including petitioner. The petitioner being a Chowkidar was declared as Government servant and his claim was duly considered in light of the provisions of Rules 58 and 59 of the Bihar Pension Rules as quoted in the order in question vide Annexure- 1. It is further submitted that the competent authority upon considering the relevant provisions of the aforesaid Rules 58 and 59 of the Bihar Pension Rules and after considering it pros and cons, have passed the order whereby the claim for pension has been rejected and as such, submissions of the petitioner that authorities have not considered the claim of the petitioner with respect to the period from 01.01.1977 to 01.01.1990 for the purpose of qualifying service for pension is not correct and since the order of the court has been complied with, the contempt application deserves to 4 be dismissed. Considering the submissions of the parties and their respective pleadings, it would appear that this court as per order dated 21st of May 2010 in C.W.J.C. No. 14717 of 2009 in nutshell, directed to consider the period between 01.01.1977 to 01.01. 1990 as to whether the same could be added in the length of service for the purpose of qualifying service so as to enable the petitioner to receive pension. It is admitted position that the petitioner who was Chowkidar was declared as Government Servant with effect from 01.01.1990. On perusal of the impugned order, it would appear that upon consideration of the aforesaid provision of Rules 58 and 59 of the Bihar Pension Rules read of the relevant government circular as mentioned in the order contained in Annexure -1, it was found that under the provisions of rules, the person in order to receive the pension must have completed the government service for a minimum period of 10 years and since petitioner had not completed the minimum period of 10 years, the claim was rejected as per the aforesaid order (Annexure-1). Be that as it may, this court in this contempt proceeding is not expressing any opinion with regard to the merits of the order dated 17th of March 2011 as contained in Annexure- 1. However, since the order of the court has been complied with, the contempt application need not proceed 5 further. Learned counsel for the petitioner submits that since the order is not correct, petitioner proposes to assail the same before the appropriate forum in accordance with law. The M.J.C. application stands disposed of. Jagdish (Shailesh Kumar Sinha, J.)