IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5588 of 2006 Indra Narayan, Son of Late Jagdish Mandal, Resident of Village Triveniganj, P.S. Triveniganj, District Supaul, at present Medical Officer, Sadar Hospital, District Katihar. ------- Petitioner Versus 1. The State of Bihar through the Secretary, Health Department, Bihar, Patna. 2. The Secretary, Government of Bihar, Health Department, Bihar, Patna. 3. Director-in-chief, Health Services, Bihar, Patna. 4. Civil Surgeon-cum-Chief Medical Officer, Purnea. 5. Civil Surgeon-cum-Chief Medical Officer, Patna. 6. The Superintendent, Sadar Hospital, Purnea. 7. Dr. D.N. Pandey, Incharge Medical Officer, Referral Hospital, Naubatpur, Patna. ------- Respondents ----------- 4 13.08.2010 Heard learned counsel for the petitioner and counsel for the State. The following prayer of the petitioner in this writ application:- “1. That this is an application for issuance of appropriate writ in the nature of mandamus or order/orders, direction/directions commanding the respondents to make payment of the salary, arrears of difference of pay of revised pay scale as well as other allowance to the petitioner the details of which are as follows:- 1. Salary for the months January, 2002 to February, 2002 2. Dues of Jiwan Yapan Bhatta (subsistence allowances) 1.7.2001 to 30.4.2002 3. Difference of salary after revision of salary 1.4.1997 to 31.8.1999” appears to have been fully redressed as has been stated in paragraph no.4 of the counter 2 affidavit, which reads as follows:- “4. That it is stated and submitted that the petitioner was earlier posted at Sadar Hospital Purnea thereafter he was transferred to P.H.C. Naubatpur Patna L.P.C. was issued in favour of the petitioner from the Sadar Hospital Purnea wherein the aforesaid dues was mentioned for payment. Thereafter the petitioner was transferred to P.H.C. Amdabad, Katihar and Sadar Hospital on transfer. The L.P.C. the petitioner was received in the office of superintendent, Sadar hospital, purnea on 6.3.07. Thereafter vide memo no. 188 dt. 26.3.07 the petitioner was asked to bring pay slip so that dues payments may be made to him. Necessary allotments for the same was also received but due to non-cooperation of the petitioner, the payments could not be made because the petitioner could not bring his pay slip in time. The allotment of fund was lapsed in the financial year 2006-07. It is further stated and submitted that the Pay slip was received on 31.3.2007 in the office of the deponent, thereafter, the arrear of salary for the period January 2002 and Feb. 2002 paid to the petitioner on 10.4.2007 which can be made evident from the acquittance roll. It is further stated and submitted that the amount of subsistence allowance for the period 3 1.7.2001 to 30.4.02 and arrear of difference of salary due to pay revision for the period 1.4.97 to 31.8.99 have also been paid to the petitioner total amounting Rs. 2140.00 and Rs. 6166.00 respectively vide Bill no. 48/07-08 dated 12.9.07. Now the grievances of the petitioner has been fully redressed.” That being so, this application has become infructuous and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)