IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2160 of 2009
AWADHESH SHARMA & ANR .
Versus
THE STATE OF BIHAR & ORS .
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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.)