IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.1695 of 2009
SUMITRA KUMARI DAS, WIFE OF RAM NATH MISHRA, RESIDENT OF VILLAGE -
KARMA BHAGWAN, P.S. AURANGABAD, DISTRICT - AURANGABAD.
........ PETITIONER.
Versus
1. THE STATE OF BIHAR.
2. KUNDAN KUMAR, THE DISTRICT MAGISTRTE, AURANGABAD.
3. RAM NIVASH PANDEY, THE DEPUTY DEVELOPMENT COMMISSIONER,
DISTRICT - AURANGABAD.
........... CONTEMORS/OPPOSITE PARTIES.
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05/ 03.12.2010 This application was filed by the petitioner for
initiating a proceeding of contempt against the opposite
parties due to non-compliance of the order dated
6.2.2008 passed in C.W.J.C. No. 7334 of 2004. The
direction of this Court in the writ application was to
decide the service conditions of the petitioner and others
as well as their cadre and then only transfer order can be
passed. Since there was no service conditions rules frame
a direction was issued to frame service conditions rules
giving continuity of service to them so that they may not
loose their seniority, promotional avenue and pensionary
benefits and order of consequential benefits for which
they would be entitled being absorbed as government
servant.
Show cause has been filed on behalf of Deputy
Development Commissioner, Aurangabad (O.P. No. 3)
2
stating that in compliance of the direction of this Court
“The Bihar Lady Extension Officer Cadre Rules, 2008”
was framed in exercise of powers conferred under
Article 309 of the Constitution and the same was notified
through notification bearing No. 15735 dated 5.12.2008.
The service of the petitioner is state level cadre non-
Gazetted Class III posts. In different paragraphs of the
show cause the details in regard to each of the writ
petitioners has been given to show that only after
absorption of their service and considering the service
conditions rules, they were transferred, where they have
joined and paid their salary and all benefits for which
they are entitled according to service conditions rules are
made available to them.
Considering the statement in the show cause,
this application of contempt is disposed of.
DKS/ (Mridula Mishra, J.)