IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9601 of 1995 Dr. (Mrs.) Usha Mishra, W/O Prof. Hrishikesh Mishra, resident of Near Saidpur Turning, Rajendra Nagar, P.S. Kadam Kuan, District- Patna. --------Petitioner. -Versus- 1. The State of Bihar. 2. Secretary-cum- Commissioner, Department of Health, Govt. of Bihar, Patna. 3. Under Secretary, Department of Medical Education, Govt. of Bihar, Patna. 4. Special Secretary-cum-Additional Commissioner, Department of Health, Govt. of Bihar, Patna. 5. Joint Secretary, Department of Health, Govt. of Bihar, Patna. 6. Director, Indigenous Medicines, Department of Health, Govt. of Bihar, Patna. 7. Dr. Someshwar Singh, Father’s name not known to the petitioner, Lecturer, Department of Rasa Sastra and Vaisajya Kalpana, Patna Ayurvedic College, Kadam kuan, Patna- 800 003. 8. Dr.(Mrs.)Prakash Rani @ Dr.(Mrs.)Prakash Rani Kaur, Husband’s Name not known to the petitioner, Lecturer, Department of Aagad Tantra, Patna Ayurvedic College, Kadam Kuan, Patna- 800 003. --------Respondents. -------------- For the petitioner : Mr. Shivendra Narayan Sinha, Advocate. For the State : Mr. J.C. to G.A.2. For the respondent No.7 : Mr. Ramadhar Singh, Advocate. For the respondent No.8 : M/S. Sanjay Kumar, Ram Das Singh and Birendra Kumar, Advocates. -------------- 8. 10.11.2008. This writ application has been filed by the petitioner praying therein that she may be posted as a Lecturer with effect from 21.8.1990 and also made a prayer that all arrears of salary and consequential benefits should be paid to the petitioner. While hearing this writ application, the respondents have produced the Notification dated 15.12.2004 by which the petitioner alongwith some other have been posted as Lecturers, and it is submitted on behalf of the respondents that the writ application has - 2 - become infructuous. Learned counsel appearing on behalf of the petitioner, on the other hand, submits that in the writ application it has been stated that the petitioner having the required qualification was senior to the respondent nos. 7 and 8, and as such, she ought to have been posted as a Lecturer and should be given the salary of a Lecturer earlier to the respondent nos. 7 and 8. Although the statement has been made in the writ application, there is no direct prayer to consider the seniority of the petitioner vis-à-vis the respondent nos.7 and 8 in the writ application. In view of the fact that the main grievance of the petitioner made in the writ application has been redressed and the petitioner has been posted as a Lecturer, this Court can only give leave to the petitioner that she should file a representation before the respondent no.2 that is the Secretary-cum-Commissioner, Department of Health, Government of Bihar, Patna, raising the grievance with respect to her seniority vis-à-vis the respondent nos. 7 and 8 and the Secretary-cum- Commissioner, Department of Health, Bihar, Patna, after hearing all the parties will consider the representation of the petitioner and pass appropriate orders within a period of four months on receipt/ production of this order. The present writ application is disposed of as it has become infructuous with the aforesaid observations. U.K. (Sheema Ali Khan,J) - 3 -