High CourtsDivision Bench(2008) 07 PAT CK 0218

Purushottam Lal Das vs Dr. Capt. S.N. Singh and Others

Patna High Court · Decided on 9 July 2008 · Citation: (2009) 1 PLJR 153

HON’BLE JUDGES
R.M. Lodha, C.J · Kishore K. Mandal, J
CASE NUMBER
MJC No. 3082 of 2006

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Judgment

3 paragraphs · 204 words
1.

The part of the order dated 7.7.2005 of which contempt is alleged reads thus:- "However, as it appears that there is an avenue of promotion to the Basic Health Workers to the technical side, in case there are vacancies and they are found fit, their cases should be considered for promotion from a date when the vacancy arose keeping in mind the nature of vacancy and the restriction put on the same by the Government. So far Class-IV employees are concerned, if there are vacancies then their case should also be considered in the same manner. The authorities should consider and take decision expeditiously preferably within four months from the date of receipt/production of a copy of this order."

From the show cause filed on behalf of opposite party Nos. 2 and 3, it appears that vacancies of Class-IV employees do exist. However, it is pertinent to notice that question of consideration of the case of the petitioner will only arise when the exercise of filling up the vacant posts starts. Obviously, the authorities shall have to comply with the direction given in the order dated 7.7.2005 as and when they fill the vacancies of Class-IV employees.

2.

M.J.C. is disposed of accordingly.