IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1492 of 2002 DR. GANGA PRASAD VERMA, S/O LATE BHAGWATI LAL, R/O E-129, DOCTORS COLONY, LOHIA NAGAR, P.S.- KANKARBAGH, TOWN AND DISTRICT-PATNA, PRESENTLY POSTED AS ASSISTANT PROFESSOR, DEPARTMENT OF NEURO SURGERY, PATNA MEDICAL COLLEGE AND HOSPITAL, PATNA. .............PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE COMMISSIONER-CUM-SECRETARY (M.E.), DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, SECRETARIAT, PATNA. 3. THE SPECIAL SECRETARY (M.E.), DEPARTMENT OF HEALTH, GOVT. OF BIHAR, SECRETARIAT, PATNA. 4. THE ADDITIONAL SECRETARY (M.E.), GOVT. OF BIHAR, PATNA. 5. THE JOINT SECRETARY, HEALTH AND MEDICAL EDUCATION, PATNA. 6. THE BIHAR PUBLIC SERVICE COMMISSION, 15- JAWAHAR LAL NEHRU MARG, PATNA THROUGH ITS SECRETARY. …………….RESPONDENTS. ----------- For the Petitioner : Mr. Anil Kumar Tiwary, Adv. and Mr. Jagdish Pd. Adv. For the State : Mr. S.K. Ghose, AAG-II and Mr. Nirmal Kumar Sinha, AC to AAG-II. For the BPSC : Mr. Ranjit Sinha, Adv. ---------- 13 19.04.2010 Today a 3rd supplementary affidavit has been filed by the respondents in the case. Along with the said affidavit a notification of the Department of Health dated 29.3.2010 has been annexed as Annexure-B. This notification shows that now the petitioner has been granted notional promotion to the post of Associate Professor with effect from 1.6.1996 till his date of superannuation. It has also been mentioned in the notification that as a - 2 - consequence of such promotion the petitioner will also be entitled to financial benefits. Now that the Department has taken a conscious decision promoting the petitioner on notional basis on the post of Associate Professor in the Department of Neuro Surgery in P.M.C.H. with effect from 1.6.1996 and has decided that he will be entitled for all financial benefits of the same, it is expected that the financial benefits of the petitioner shall be calculated and paid to him as expeditiously as possible and preferably within a period of four months. Learned counsel for the petitioner submits that in view of this notification no lis remains in the case to be decided by this Court and, therefore, he seeks permission to withdraw this writ application. Accordingly, this writ application is dismissed as withdrawn. Arvind/ (J. N. Singh, J.)