IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10157 of 2005 1. Vijay Kant Thakur, Son of Sri Uma Kant Thakur, Resident of Village Gopalpur, P.O. Pindasuch, District Darbhanga. At present posted as an establishment charge, Mining Institute, Dhanbad. 2. Chandra Bhushan Chaudhary, Son of Late Mahendra Chaudhary, Resident of Village Chahuta, P.O. Kamtaul, P.S. Bisfi, District Madhubani. At present posted an Instructor, Government Politechnic, Dumka. 3. Dharm Kant Mishra, Son of Late Nasib Narain Mishra, Resident of Village-Bihari, P.O. Narauchh Dham, P.S. Jallay, District Darbhanga. At present posted as a Peon, Government Politechnic, Dhanabad. 4. Sri Sridhar Thakur, Son of Sri Bhogi Thakur, Resident of Village Chakauti, P.O. Chakauti, P.S. Nanpur, District Sitamarhi. At present posted as a Peon, Government Politechnic, Dhanbad. 5. Sri Narain Jha, Son of late Baleshwar Jha, Resident of Village Bikupatti, P.O. Sajhuar, P.S. Bahera, District Darbhanga. At present posted as a Peon, Government Politechnic, Dhanbad. --------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Science and Technology Department, Government of Bihar, Patna. 3. The Additional Secretary, Science and Technology Department, Government of Bihar, Patna. 4. The Director, Science & Technology Department, Government of Bihar, Patna. 5. The District Magistrate, Darbhanga. 6. Sri Bhagwan Singh, the Inchargee Principal, J.M.I.T., Darbhanga-cum-Principal, Government Politechnic, Darbhanga. ------- Respondents ----------- 3 4.1.2010 No one appears on behalf of the petitioners. Counsel for the State is present. The prayer of the petitioners in this writ application reads as follows:- “1(i) For issuance of a writ in the nature of a writ of mandamus commanding and directing the Respondents to make payment of the full due arrear salary and D.A. 2 etc. on the basis of revised scale of pay of Rs. 4000/- to the petitioner for the period from 1.4.1997 to 31.10.1998 and 1.4.1999 to 2.11.1999 and also the revised balance salary for the period from 1.11.1998 to 31.3.1999, when they were posted in J.M.I.T., Darbhanga as regular employees.” Counsel for the State has invited attention of this Court towards the paragraph nos.4 & 5 of the counter affidavit, which reads as follows:- “4. That in this regard it is submitted that the department of Science and Technology, Government of Bihar vide letter no. 1830 dated 11.9.2007 has accorded sanction for the payment of five employees of J.M.I.T., Darbhanga and the said decision has been communicated to the Principal, Government Polytechnic, Darbhanga who is incharge Principal of J.M.I.T., Darbhanga and also to the Treasury Officer Darbhanga for necessary action. 5. That in the aforementioned facts and circumstances the demand of the petitioners have been fulfilled hence the writ petition may kindly be disposed of.” There being no rejoinder to such counter affidavit and in fact even the counsel for the petitioners being not present, this Court has 3 to accept that the grievances for which this writ application was filed stand redressed and consequently by efflux of time, this writ application has become infructuous. That being so, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)