IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9593 of 2005 SUSHIL JHA son of Late Baidya Nath Jha resident of village Balia, P.S. Lakhnaur, District Madhubani. Versus 1.THE STATE OF BIHAR through the Secretary Water Resources Department. 2.The Chief Engineer, Flood Control Division No.2, Samastipur, District Samastipur. 3.The Superintending Engineer, Flood Control Circle, Darbhanga, laheriasarai. 4.The Executive Engineer, Flood Control Division No.2, Jhanjharpur, District madhubani. 5.The Executive Engineer, Flood Control Division, Kakala Canal Division, Jaynagar, District Madhubani. ----------- 2 8/12/2009 Heard counsel for the petitioner and counsel for the State. Counsel for the petitioner would inform this Court that during pendency of this writ application the petitioner has been dismissed from service. In fact he would seek an opportunity to make amendment in this writ application which is basically for payment of salary. In the opinion of this Court, for this distinguishable cause of action the petitioner will have a remedy only if he would assail the order of dismissal in a separate proceeding. Payment of salary, in fact, would become dependent on the result of the aforementioned writ application to be filed against the order of dismissal. 2 That being so, this application is dismissed as having become infructuous in view of the aforementioned development. Abhay Kumar (Mihir Kumar Jha, J.)