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PETITIONER: DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA

       Vs.

RESPONDENT: THE STATE OF BIHAR & ORS.

DATE OF JUDGMENT:       21/02/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHAMAD

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Application for Intervention is dismissed.      The petitioner  has filed this Contempt Petition on the ground  that   the  respondents-State  has  not  obeyed  the direction  issued  by  this  Court  in  CA  No.1578-79/1996. Counter-affidavit  has   been  filed   by  the  respondents. Presence of  the officers who are present is dispensed with. We have heard learned counsel on both sides.      The grievance  of the  petitioner is two-fold, Firstly, it is  alleged that in spite of the declaration of seniority with consequential  benefit given by this Court in the above appeals whereby  the  appellant  is  entitled  to  seniority w.e.f. September  6, 1966  with all  consequential benefits, the same  has not  been given to him. Secondly, the officers who are  not entitled  as per  the seniority  fixed  by  the Court, to be above him, have been confirmed with effect from earlier  dates,   with  consequential  benefits.  It  is  in derogation and  in disobedience  of the  mandamus issued  by this  Court   in  the  aforesaid  appeals.  He  has  further contended that  even as  per the  proceedings produced today before the  Court, the  petitioner has  not been restored to the position  as per  the seniority  vis-a-vis the  promotee officers who  are not  entitled to the seniority on par with him. Therefore,  there is  wilful disobedience of the orders passed in the above appeals.      Shri B.B.  Singh, learned  counsel  appearing  for  the State of  Bihar, stares  that the delay in compliance of the directions of this Court has been properly explained by A.K. Mishra, Under Secretary of the Health Department, Government of Bihar,  Patna in  his affidavit. The Government of Bihar, Patna in  his affidavit.  The Government  has explained  how they understood  the orders  passed by this Court and worked it out.  After the  receipt of the judgment through the High Court of  Patna, steps  have been  taken in  working out the directions issued  by this  Court in  the aforesaid appeals, they have  collected all the relevant material on account of which some  delay had occasioned and, therefore, there is on wilful disobedience. He has stated that some of the doctors, S.N.  Upadhyay   and  nine  others  whose  names  have  been mentioned in  the affidavit  filed by  the Under  Secretary,

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A.K. Mishra had rendered service in the Military between the year 1963 to 1966, therefore, they are equally to be treated as seniors to the petitioner. With regard to the omission to give promotion  to the  petitioner over  the person  who had already become  junior but  is holding the senior post, Shri B.B. Singh  undertakes that he would see that the petitioner is given due promotion. This statement was made on the basis of the  instructions given  by the  Under Secretary  who  is present in the Court.      In  view of the rival contentions, the question arises: whether  the  respondents  have  deliberately  and  wilfully disobeyed the  order of  this Court. With regard to inter-se seniority of  the  petitioner  and  Dr.  S.N.  Upadhyay  and others, since  the controversy  was not  raised before  this Court at  the time  of hearing  of appeals, hence we are not inclined to  go into that matter; hence, the matter does not come under  the purview  of the contempt. If the respondents misunderstood the  scope of  the judgment and have given any benefits which  Dr. S.N.  Upadhyay and  eight others are not entitled to,  i.e., parity  with the petitioner, it would be open to him to have his rights adjudicated in an appropriate proceedings in  the light  of the judgment of this Court and the  law.   No  attempt   was  made  by  the  Government  to misinterpret the  judgment of  this Court  and the  law.  No attempt was made by the Government to misinterpret the order passed in appeals. So, it cannot be said that it constitutes a deliberate  and wilful  disobedience in  implementation of the orders of this Court.      As regards  the placement  of  the  petitioner  if  the appropriate promotional  post, consequent to the fixation of seniority of  the petitioner,  Shri B.B.  Singh has given an undertaking on  behalf of the State Government and we record the same.  We have  no doubt that the State Government would give due  promotion to  the petitioner  within 15  days from today.      Contempt petitions are accordingly disposed of.