IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1263 of 2007 Shibu Ram S/o Late Ganesh Ram, resident of Mohalla Bahuar Chaura, P.S. Civil Line, District- Gaya ..Petitioner Versus 1. The State of Bihar 2. S.K.Singh, the Chief Executive Officer, Gaya Municipal Corporation, Gaya 3. Triloki Singh, the Accounts Officer, Gaya Municipal Corporation, Gaya ….Opp.Party ----------- 8. 23/12/2008 Petitioner has filed this MJC application alleging violation of the orders of this Court dated 4.8.2004 passed in C.W.J.C.No.7309 of 2003. While disposing of the writ application, this Court noticed the averments made in the counter affidavit that the payments of all the dues shall be made to the petitioner within one year in three equal instalments. This Court directed that the first instalment must be paid to him within one month from the date of the order. As the order was not complied with, petitioner filed an MJC application, namely, MJC No.2650 of 2004. A show cause was filed in the said MJC in which payments made to the petitioner were disclosed as per directions of this Court. The said position was accepted by learned counsel for the petitioner, and - 2 - therefore, the said MJC application was disposed of by order dated 17.11.2005, a copy whereof is Annexure-2 to the present MJC application. Thereafter, petitioner has filed the present MJC application alleging violation of the order passed in the writ matter. This Court noticed that the petitioner had filed MJC application earlier also and upon his satisfaction the said MJC application was disposed of. Therefore, this Court by order dated 20.11.2008 directed the petitioner to show cause as to why he should not be punished for filing this frivolous contempt application with suppression of facts. Petitioner has appeared and has shown cause. From the show cause of the petitioner, it appears that after disposal of the earlier MJC application, no further payment was made to the petitioner towards his pension etc. and therefore, he has filed this present MJC application. After filing of the present MJC application, certain payments have been made to the petitioner from time to time towards his pension etc. A show cause has been filed on - 3 - behalf of opposite parties also in which they have said that due to paucity of fund, regular payment of pension to the retired employees was not possible by the Corporation and the same is released to them as and when funds become available to the Corporation. Directions issued by this Court were clearly complied with by the opposite parties during the pendency of the first MJC application itself and therefore, first MJC application was disposed of on the satisfaction of the petitioner. There was no direction in the order passed by this Court in the writ matter that the pension of the petitioner shall be paid to him on regular basis and month to month. Therefore, this contempt application was clearly misconceived. However, petitioner has appeared in person and appears to be old and ailing. It appears that since he did not receive any payment after disposal of his first contempt application, in bonafide belief he has filed the present contempt application. During the pendency of this contempt application, opposite parties have made certain payments towards - 4 - pension of the petitioner from time to time. Therefore, considering the facts and circumstances of the case, show cause of the petitioner is accepted and rule is discharged. Show cause of the opposite parties is also accepted. It goes without saying that monthly pension of the petitioner should be paid to him as promptly as possible and his accruing arrears should be cleared on receipt of each instalment of fund from the State Government. With the above observations, this contempt application is disposed of. Pradeep/ (J. N. Singh, J.)