IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2619 of 2003 RAM LAKHAN PRASAD SINGH son of Bindeshwari Singh, a retired Assistant Engineer, resident of village- Kumbhi, Post Office Semai, Police Station Warsaliganj, District Nawada. …….Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Building Construction Department, Bihar, Patna. 3. The Additional Secretary, Department of Finance, Bihar, Patna ( Personal Claim Fixation Cell). 4. The Deputy Secretary, Department of Finance, Bihar, Patna (Personal Claim Fixation Cell). 5. The Deputy Secretary, Road Construction Department, Bihar, Patna. 6. The Deputy Secretary, Building Construction Department, Bihar, Patna. 7. The Superintending Engineer, Building Design, Department, Bihar, Patna. 8. The Executive Engineer, Building Construction, Department, Bihar, Patna. … Respondents. ----------- 6. 16.07.2009. In this writ application, the prayer of the petitioner is only for payment of arrears of salary as also the difference of salary as indicated in letter of Executive Engineer of Building Construction Department, Patna dated 13.11.2002 wherein as against the name of the petitioner, a sum of Rs.4,10,072/- was shown towards the payment on the head of salary and allowances. From the letter of Executive Engineer it would appear that such payment 2 was not paid to the petitioner and seven other engineers due to want of fund and accordingly a request was made to the Secretary of the Building Construction Department for release of fund. From the counter-affidavit filed in this case, it would appear that during the pendency of this writ application payment of salary has been made to the petitioner to the tune of Rs.3,91,028 out of which Rs.70,000/- was deducted towards income tax and net amount of Rs.3,21,028/- was paid to him by Draft No. 487572 dated 4.7.2003 which is said to have been received by the petitioner on 7.7.2003. It would therefore appear that the major portion of the claim of arrears of salary of the petitioner has already been settled. In that view of the matter, this writ application has become infructuous and is dismissed accordingly. kanchan (Mihir Kumar Jha, J.)