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Judgment
Heard learned counsel for the petitioners.
This application has been filed for non-compliance of order dated 16.04.2004 passed in W.P.(S) No. 1931 of 2002, the operative portion of which, is reproduced herein below:-
"Since the process for consideration regarding promotion of the petitioners from Class-IV to Class-III post is still pending and no final order has yet been passed by the Deputy Commissioner, Palamau at Daltonganj and therefore, this application is being disposed of with a direction to the Deputy Commissioner, Palamau, to complete the process for consideration of promotion, take a decision and pass a reasoned order within a period of three months after considering the resolution of the Government of Bihar dated 11/02/1985 as well as the resolution dated 16/09/1992 and also his own order dated 23/02/2001 whereby the aforesaid two persons namely, Durga Ram and Mohan Ram have been given such promotion on the basis of the aforesaid resolution"
The petitioners themselves have brought on record the detailed order contained in Memo No. 491 dated 7.8.2004 passed by the Deputy Commissioner, Palamau, pursuant to the aforesaid order. Upon consideration of the case of the petitioners, their claim has been rejected.
In my considered view the order has been fully complied with and if the petitioners were aggrieved by this order, the petitioners ought to have filed a separate writ application and not this contempt petition.
This contempt petition is not maintainable and the same is accordingly, dismissed.