IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1649 of 2006 RAMA PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mrs. Veena Rani Prasad & Mr. Vikash Saurabh For the Respondents 1 to 4 : Mr. S.S. Mishra, J.C. to G.A. V ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 31st July, 2008. The present applicant was original petitioner no. 2 in the writ petition (C.W.J.C. No. 3657 of 2000). The said writ petition was disposed of on 30th June, 2005. 2. In view of the counter affidavit filed by the respondents that necessary direction has been issued for payment of consequential monetary benefits to the petitioner, the Court did not pass any further direction save and except that the payment shall be made to the petitioner, if not made so far, within three months from the date of receipt of the order. 3. This contempt application has been filed alleging therein that due payment as per the order dated 30th June, 2005 has not been made. Show cause as well as supplementary show cause has been filed by opposite party no. 2. In the supplementary show cause filed on 1.8.2007, the following statement has been made: “2. That previously Finance (P.C.F.C.) - 2 - Department issued pay slip vide memo no. 2231 dated 19.12.06 in favour of the petitioner and petitioner was paid accordingly monthly salary till his retirement on 28.2.97. After the retirement in addition to the revise pay slip dated 13.3.97 as mentioned above, Finance (PCFC) Deptt. issued revised pay slip vide memo no. 24 dated 5.1.99 and 837 dated 10.5.2000 in favour of the petitioner. Accordingly petitioner was paid Rs.69283/- on 2.9.2000 by the Deputy Director, Quality Control Division, Dehri against the difference of pay with interest. 3. That in the meantime petitioner was issued a pay slip by A.G. Bihar vide letter No. 116 dated 30.4.2001 by which the petitioner was granted the pay since 27.12.88 in the time bound scale of Rs.3000-4500/-. The pre-audit bill for Rs.38867.00 against the pay slip was paid by the T.O. Sasaram to the petitioner vide T.V. No. 36 dated 27.2.2002. 4. That after the orders of Hon’ble Court in C.W.J.C. No. 3657/2000 on 30.6.2005 the petitioner represented before Dy. Director, Quality Control Division, Dehri with an application dated 27.7.2005 matter in the petitioner’s application dated 27.7.2005 is related to the monetary benefit of increment with retrospective effect. It was examined at Govt. level and petitioner’s demand was rejected by passing a reasoned order issued vide memo no. 1391 dated 30.5.2006 and as contained in Annexure-E of the earlier show cause.” 4. In our view, nothing further needs to be done as the due payment has been made to the petitioner. Counsel for the petitioner, however, submits that the increment which was due from 1978 has not been paid. It appears from the supplementary show cause that the petitioner’s demand for increment with retrospective effect was rejected by the order dated 30th May, 2006 relying upon the government circular. We are afraid, the legality and correctness of the order dated 30th May, 2006 cannot be examined in the contempt jurisdiction. 5. We are, thus, satisfied that nothing further needs to be - 3 - done in the matter. 6. M.J.C. stands disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-