IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1157 of 2008 Chandi Paswan, son of Late Anup Paswan, resident of village Lodiya, P.O. Damodarpur, P.S. Lakhisarai, District- Lakhisarai ………….. Petitioner Versus 1.The State Of Bihar 2.Shri Kamal Kishore Pd.Singh, the Director, Secondary Education, Bihar, Patna 3.Sri Milind Kumar Sinha, District Education Officer, Jehanabad 4.Awadhesh Kumar Sharma, Drawing Disciplinary Officer, Jehanabad, High School, Jehanabad 5.Jaffarulal Pallavi, Acting Headmaster, High School, Kako, Jehanabad ………… Respondents ----------- For the Petitioner : Mr.Rama Kant Sharma,Sr.Adv. For the State : Mr.Sunil Kumar Mandal, S.C.15 with Mr.Bipin Kumar, A.C. to S.C.15 ---------- 7. 25/08/2010 Petitioner had moved this Court earlier in C.W.J.C.No.11376 of 2007. When the matter was taken up on 19.3.2008, it was submitted that the connected matter, namely, C.W.J.C.No.322 of 2001 was pending in this Court in which interim order had been passed and the same was operative in favour of the petitioner also. Therefore, no separate interim order was required to be passed in the case. In the writ application, petitioner claimed violation of the said interim order passed in C.W.J.C.No.322 of 2001. Therefore, giving liberty to the petitioner to file a contempt petition for alleged violation of the interim order passed in the said writ application, his 2 writ application was ordered to be listed along with the said writ application and it was directed that pending disposal of the writ application, petitioner would be entitled to his salary of substantive post. There is no dispute that the petitioner is being paid his salary of the substantive post. However, this contempt application has been filed by the petitioner alleging violation of the said orders passed in his case on 19.3.2008 as well as interim order passed on 31.8.2004 in C.W.J.C.No.322 of 2001. Records of C.W.J.C.No.322 of 2001 were called for and from perusal of the records, it appears that one communication of the Special Secretary, Department of Finance dated 27.10.2000 addressed to the Secretary, Primary as well Secondary Education was under challenge in the case, in which it was proposed that the promotion in the pay scale of junior selection grade and senior selection grade to the Scheduled Caste and Scheduled Caste Teachers, allegedly given under Finance Department Letter No.6022 dated 18.12.1989, was wrong and therefore, the same should be cancelled and excess paid to the incumbents should be 3 withdrawn. The Scheduled Castes Scheduled Tribes Nationalized Secondary School Teachers Association and its office bearers had filed writ application bearing C.W.J.C.No.322 of 2001. In view of the matter involved in the said writ application being pending in the Apex Court in Writ Petition Nos.61 of 2002 and 62 of 2002, the said writ application, by order dated 31.8.2004, was ordered to be listed after disposal of the said writ petitions before the Apex Court. By way of interim measure, it was directed that in the meanwhile, respondents would not revert the petitioners nor affect their status in the seniority list and promotion, pay etc. and at the same time it was directed that there should be no recovery from them. Petitioner’s contention in his writ application is that he was granted junior selection grade and senior selection grade scale from different dates by memo no.789 dated 31.5.2000 issued by the Regional Deputy Director of Education, Magadh Division, Gaya, (copy whereof is Annexure-1 to the writ application). Hence, he was protected by the interim order passed by this Court in said 4 C.W.J.C.No.322 of 2001, and therefore, subsequent cancellation of the same by Annexure-2 dated 31.7.2007 was a clear cut contempt by the opposite parties. Show cause has been filed in the case by the Regional Deputy Director of Education, Magadh Division, Gaya. It is explained in the show cause that soon after the issuance of Memo No.789 dated 31.5.2000 by the Regional Deputy Director of Education, Magadh Division, Gaya, letter of the Department of Finance no.7588 dated 27.10.2000 was received. Hence the said order in favour of the petitioner was never implemented and the same was withdrawn by specific order contained in letter dated 22.2.2001. As a consequence, petitioner was never given the benefits of junior selection grade and senior selection grade scale and his promotion itself was withdrawn by specific orders, which the petitioner never challenged. Therefore, interim order passed by this Court on 31.8.2004 in C.W.J.C.No.322 of 2001 was of no help to the petitioner. In the said C.W.J.C.No.322 of 2001, letter of the Finance Department itself was under challenge and therefore, this Court had passed orders 5 directing the respondents to maintain status quo in respect of seniority list, promotion, pay scale etc. As on that date, petitioner’s status was of substantive rank and he has continued thereafter in the same rank and on the same pay etc. Since no payment was made to the petitioner pursuant to the said promotion order, which remained operative only for a few months, there was no question of recovery of any amount from him. After hearing learned counsel for the parties and going through the records and show cause of the Regional Deputy Director of Education, this Court is of the opinion that in respect of the petitioner, the opposite parties have maintained status quo. Since as on 31.8.2004 petitioner already stood reverted to substantive rank by specific separate order, no question arises for grant of junior selection grade and senior selection grade scale to him afresh pursuant to the said interim order. Petitioner has filed the connected writ application for substantive reliefs in the matter and his writ application is pending and has been ordered to be heard along with the main writ application, namely, C.W.J.C.No.322 6 of 2001. Therefore, this Court does not find that any deliberate disobedience of orders of this Court has been made by the opposite parties in the case of the petitioner and therefore, does not find any merit in the contempt application. The contempt application is accordingly dismissed. Pradeep/ ( J. N. Singh,J.)