High Court Patna High Court - Orders

Awadhesh Sharma &Amp; Anr vs The State Of Bihar &Amp; Ors on 13 April, 2011

Patna High Court – Orders
Awadhesh Sharma &Amp; Anr vs The State Of Bihar &Amp; Ors on 13 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                MJC No.2160 of 2009
                             AWADHESH SHARMA & ANR .
                                        Versus
                            THE STATE OF BIHAR & ORS .
                                      -----------

4/ 13/04/2011 Heard learned counsel for the petitioners and

learned counsel for the State.

The controversy noticed in C.W.J.C.

No.6597/02 was with regard to pay protection to be

granted for such persons on deputation from a

Corporation in the State Government during the period

of deputation based on any revisions that may take

place in their parent department. The direction was

clear that they are entitled to the same from the date of

deputation till date of absorption.

The Court finds it difficult to enter into the

arena of fixation of pay-scales after their absorption on

allegations of flouting the orders of this Court in light of

any other decision of the Court in 2007(1) P.L.J.R. 31 in

absence of any specific directions to that effect.

The matter appears to be one necessitating

further enquiry of the terms and conditions of

absorption etc. which is not possible in the contempt

jurisdiction in view of the nature of the order passed

limited to the status of deputationist only. If so advised,

the petitioners may pursue their remedies appropriately
2

in a fresh writ application.

The contempt proceedings stand disposed.

KC                                  ( Navin Sinha, J.)