IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11548 of 2006 Ravindra Kumar, son of late Ramta Raman Prasad, Resident of I.P.W.7, P.M.C.H. Campus, P.S. Pirbahore, District Patna. -------- Petitioner Versus 1. The State of Bihar through the Secretary to the Government, Department of Health, Medical Education (Indigenous Medicine), Government of Bihar, Patna. 2. The Joint Secretary, Department of Health, Medical Education (Indigenous Medicine), Government of Bihar, Patna. 3. The Deputy Secretary to the Government, Department of Health, Medical Education (Indigenous Medicine), Government of Bihar, Patna. 4. The Under Secretary to the Government, Department of Health, Medical Education (Indigenous Medicine), Government of Bihar, Patna. 5. Dr. Amrendra Kumar, Son of not known to the petitioner, Assistant Professor, Department of Surgery, Nalanda Medical College Hospital, Patna (Transferred as Assistant Professor, Department of Surgery, Patna Medical College). 6. Mr. G.S. Kang, son of not known to the petitioner, the then Chief Secretary, Bihar, Patna. -------- Respondents ----------- 10 29.6.2011 Learned counsel for the petitioner seeks permission to withdraw this application stating that now the grievance of the petitioner has taken a different shape on account of promotion and posting of the respondent no.5 to Nalanda Medical College and Hospital (N.M.C.H.) in capacity of Associate Professor whereas the petitioner continues on the post of Assistant Professor in Patna Medical College and Hospital (P.M.C.H.). Mr. Bindhyachal Singh, learned 2 counsel for the respondent no.5, would submit that the petitioner has enjoyed the benefit of the interim order and, therefore, when he is withdrawing the writ application, this Court should ask the petitioner to also abide by his earlier order of transfer. In the considered opinion of this court, the impugned order of petitioner vis- à-vis Respondents which could not be acted upon on account of stay order passed in this case has lost its meaning and has been rendered infructuous on account of subsequent amount of promotion and posting of Respondent no. 5 on the post of Associate Professor in N.M.C.H. The petitioner has continued to be in Patna Medical College and Hospital whereas the respondent no.5 during the pendency of this writ application has been shifted to the Nalanda Medical College and Hospital on a higher post and as such the prayer made in this writ application, to quash the impugned order of their transfer on the lower post of Associate Professor has itself infructuous. That being so, this writ application is permitted to be withdrawn, as prayed for. 3 The office of this Court however should return the amount of Rs. 10,000/- deposited by the petitioner for effecting substituted service of Mr. G.S. Kang, one of the respondents, if such an amount has not already been spent for such substituted service. Rsh (Mihir Kumar Jha, J.)