IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4292 of 1998 Bindeshwar Prasad, son of late Sri Hans Lal Singh, resident of village Ashrafganj, P.S. Dhanaruah, District Patna, at present working as Clerk in Primary Health Centre, Masaurhi, P.S. Masaurhi, District Patna … Petitioner Versus 1. The State Of Bihar 2. The Health Commissioner, Bihar, Patna 3. The Director-in-Chief, Health Services, Bihar, Patna 4. Additional Director, Health Services, Bihar, Patna 5. The Deputy Director, Health Services, Bihar, Patna 6. Civil Surgeon cum Chief Medical Officer, Patna 7. Incharge Medical Officer, Primary Health Centre, Masaurhi, P.S. Masaurhi, District Patna … Respondents with CWJC No.4363 of 1998 Satya Prakash, son of Sri Sheo Prasad Arya, resident of village Simra, P.S. Phuwarisharif, District Patna, at present working as a Clark at Primary Health Centre, Punpun, P.S. Punpun, District Patna … Petitioner Versus 1. The State Of Bihar 2. The Health Commissioner, Bihar, Patna 3. The Director-in-Chief, Health Services, Bihar, Patna 4. Additional Director, Health Services, Bihar, Patna 5. The Deputy Director, Health Services, Bihar, Patna 6. Civil Surgeon cum Chief Medical Officer, Patna 7. Incharge Medical Officer, Primary Health Centre, Punpun, P.S. Punpun, District Patna … Respondents ----------- 7. 21.7.2011 No one appears for the petitioners. The impugned orders of the petitioners so far it relate to their 2 transfer having been stayed by this Court on 30.6.1998, nothing would survive for adjudication at least as with regard to transferring them from the post of Clerk to the part of Computer. Additionally, this Court would find that such interim order has allowed the petitioners to continue on the post of Clerk for a period of more than 13 years and as such, if the respondents would find that the continuation of the petitioners on the post of Clerk is no longer permissible either on fact or in law and that the petitioners who were appointed in the year 1967, still continue in service, a fresh order may be passed for taking an action for reverting the petitioners back on the post of Computer. In other words, if the petitioners have already retired from service during the pendency of these writ applications nothing would survive for adjudication and the petitioners will not be deprived of any benefit on the strength of the impugned orders which as noted above have remained stayed for a period over 13 years. 3 Both the writ applications are, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/