IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13007 of 2002 Dr. Lalan Kumar Gupta, S/o Late Gajadhar Sahu, Resident of Tilha Mahabir Asthan, P.S. Civil Lines, Gaya, District Gaya. ------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Health and Family Welfare Department, Government of Bihar, Patna. 3. The Special Secretary, Health and Family Welfare Department, Government of Bihar, Patna. 4. The Deputy Secretary, Health Department, Government of Bihar, Patna. 5. The Director-in-Chief, Health Services, Health Department Government of Bihar, Patna. 6. The Regional Deputy Director, Health Services, Darbhanga Division, Darbhanga. 7. The Civil Surgeon cum Chief Medical Officer, Darbhanga. 8. Dr. Shivnath Sharan, Incharge Medical Officer, Primary Health Centre, Hayaghat, Darbhanga. ------- Respondents ----------- 3 29.06.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows:- “1. That this is an application for issuance of a writ or writs, order or orders, Direction or Directions in the nature of certiorari to quash the order vide memo no.3357 dated 4.10.2002 passed by Civil Surgeon cum Chief Medical Officer, Darbhanga by which he has made Dr. Shivnath Sharan (Respondent no.-8) as incharge medical Officer and drawing disposing officer in primary health centre Hayaghat, Darbhanga and further ordered the petitioner to hand over the charge of incharge medical officer to the 2 respondent no.8 and further prayed for commanding the respondents to reinstate the petitioner to the post of incharge medical officer.” The aforementioned relief and the pleadings on record would only go to show that the grievance of the petitioner as with regard to making the respondent no.8 as in- charge Medical Officer of Primary Health Centre, Hayaghat, Darbhanga is based on some self assumption with regard to his own seniority. The fact that such seniority at a particular place of posting at Primary Health Centre becomes relevant on account of being posting of one doctor and such arrangement has to be made by Civil Surgeon by asking the senior most amongst them to exercise the power of in-charge of Primary Health Centre in fact has become academic, inasmuch as, not only the petitioner has attained the age of superannuation but also on account of the subsequent events that may have taken place in the last eight years. Even otherwise, the moment the petitioner accepts that the respondent no.8 was given Junior Selection Grade of the post 3 of Medical Officer (Civil Assistant Surgeon) with effect from 1.1.1991, it will have to be presumed that the petitioner’s so-called seniority at the time of entry in service had lost its importance specially for the purposes of making in-charge of Primary Health Centre. Be that as it may, the non-appearance on the part of the counsel for the petitioner would be demonstrative of the fact that the issue raised in this writ application has virtually become academic. That being so, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)