IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.713 of 2004 Usha Kumari, Daughter of Ram Lakhan Prasad and Wife of Krishna Prasad Chaudhary, Resident of Village and P.O. Rajgir, District Nalanda, presently working as an Auxiliary Nurse Midwifery in Sub-Health Centre, Masauraha under First Medical Officer, Sadar Block, District Nawada. ---------- Petitioner Versus 1. The State of Bihar. 2. The Civil Surgeon-cum-Chief Medical Officer, Nawada, District Nawada. 3. The First Medical Officer, Sadar Block, District Nawada. ------ Respondents ----------- 3 29.07.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1(i) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 05.06.2003 issued under the signature of the Respondent No.3 and contained in his Memo No. 345 dated 05.06.2003 whereby and whereunder the Respondent No.3 was pleased to direct the Respondent No.4 to adjust the excess paid amount of Rs. 30,500/- in 25 installments from the salary of the petitioner. (ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the 2 Respondent Authorities to re-pay the adjusted amount from the salary of the petitioner to the petitioner because that action of recovery was baseless and out and out of NATURAL JUSTICE.” From reading of the impugned order as also the submission of the counsel for the petitioner, it would become clear that the petitioner wants to assail the order dated 5.6.2003 on the basis of a Resolution of the Finance Department dated 3.6.2003. The petitioner probably forgets that she was required to pass such examination way back in the year 1982 and in fact, she drew her increment from 1982 to 1996 without passing such Hindi Noting and Drafting Examination. The resolution of the Finance Department dated 3.6.2003 is only prospective in nature and, therefore, any benefit given thereunder cannot be made applicable to the petitioner. That apart, this Court would find that there was no stay to the impugned order and the amount of Rs. 30,500/- sought to be recovered in 25 monthly installments must have been recovered rendering this application even otherwise to become 3 infructuous. That being so, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)