IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1571 of 2004 1. DEVENDRA PRASAD SINHA S/o Late Munnalal Singh, Electrician, C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District- Patna. 2. Mahendra Prasad Singh S/o Late Hazari Prasad Singh, Assistant Receptionist C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District- Patna. 3. Bharat Prasad Singh S/o Late Janak Singh, Section Officer, C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District-Patna. 4. Vijay Kumar, S/o Sri Gaya Prasad, Senior Draftsman, C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District-Patna. 5. Ram Naresh Prasad, S/o Late Govind Mahto, Draftsman, C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District-Patna. 6. Girja Nand Singh, S/o Late Chhatri Singh, Peon, C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District-Patna. 7. Ram Asharay Prasad S/o Late Parmeshwar Mahto, C & C Unit Rajendra Agricultural University, Bihar Vetenary College Campus, Patna-14, P.S. Shastrinagar, District-Patna. 8. Ram Chandra Ram S/o Late Beni Ram, Field Overseer A R I Patna, P.S. Shastrinagar, District-Patna. …….Petitioners. Versus 1. Rajendra Agricultural University, Bihar, Pusa (Samastipur) through its Vice-Chancellor. 2. Comptroller, Rajendra Agricultural University, Bihar, Pusa (Samastipur) 3. Director, Works & Plant, Rajendra Agricultural University, Bihar Vetenary College Campus. 4. Agriculture Production Commissioner, Government of Bihar, Old Secretariat, Patna. 5. Finance Commissioner, Government of Bihar, Old Secretariat, Patna. 6. The State of Bihar. ………..Respondents ----------- 3. 29.10.2010 Having heard learned counsel for the petitioner and learned counsel for the State as also taking into account that this writ application as with regard to petitioner nos. 2 2 to 7 has become infructuous on account of reliefs sought by them herein to have been already given to them by various orders as contained in Annexure-5 and 6, the same must be held to have become infructuous, in respect of petitioner nos. 2 to 7. As with regards petitioner no. 8, it is said that he is already dead and there is no substitution petition on his behalf. In that view of the matter, the writ application of petitioner no. 8 will be deemed to have abated. In the case of petitioner no. 1 this court would find that though the petitioner no. 1 was appointed on the post of Electrician in the year 1979, he did not opt for G.P.F scheme on account of paucity of pension fund in the University. It was thus his conscious decision to opt for C.P.F Scheme. Consequently, the plea of the petitioner no. 1 of being given the same benefit as to the other petitioners or all other employees of the University is wholly misconceived. In this context a reasoned order has been passed by the University on 04.02.2008 wherein it has been clearly mentioned that even when the option was given to the petitioner no. 1 in the year 1990, he had reiterated his desire to continue in the C.P.F Scheme. The petitioner no. 3 1 was in fact also paid all his retiral benefits under the C.P.F Scheme on 20.03.2007 and, therefore, in that view of the matter once the petitioner no.1 has already been paid his entire retiral benefits under C.P.F Scheme, there will be no question of now allowing him to change his option from C.P.F. Scheme to Pension Scheme. That being so, this writ application of petitioner no. 1 must be and is hereby dismissed. Anjani/Ranjan (Mihir Kumar Jha, J )