IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8924 of 2003 1. MATUKDHARI SHARMA son of Jhalak Narayan Sharma resident of village Faridpura, P.S. Naubatpur, District Patna. 2. Hridaya Narayan Sharma son of late Yamuna Prasad Singh, resident of villalgle Tineri, P.S. Masaurhi, District Patna. 3. Lakhmani Devi wife of Lal Babu Prasad, Kankarbagh, P.S. Kankarbagh, District Patna. 4. Kameshwar Sharma son of Jagrup Sharma, Resident of village Masaurhi, P.S. Masaurhi, District Patna. 5. Shanti Devi Daughter of Ram Chhabila Prasad resident of Mohalla Chirayatand, P.S. Kankarbagh, District Patna. 6. Md. Zarifur Rahman Son of Md. Jahiruddin Ansari Resident of village Ajawan, P.S. Naubatpur, District Patna. 7. Abdul Hakim son of Abdul Gafoor Ansari, Resident of village Ajawan, P.S. Naubatpur District Patna. 8. Rameshwar Prasad son of Gudari Saw resident of village Datiyama P.S. Vikram, District Patna. 9. Rambilash Prasad son of late Sardhu Prasad resident of village Badauna, P.S.Chandi, District Nalanda. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, New Secretariat, Government of Bihar, Patna. 3. The District Superintendent of Education, Patna. 4. The Treasury Officer, Patna. ----------- 3 3.9.2010 No one appears for the petitioners. Counsel for the State is present. Prayer of the petitioner in this writ application being confined to the following relief, “That this is an application for a direction to the respondents to pay the difference of pay scale as a Government teacher with effect from 1.1.1971 to 31.3.1973 along with statutory interest thereon to these petitioners, who have already retired from service working as Assistant Teacher in different Nationalised Elementary Schools in the district of Patna in the light of Letter No.4835 dated 30.9.1978 and other different orders issued from time to time by the Government in this respect.” and a clear answer of the respondents in paragraph 4 2 of the counter affidavit reading as follows, “That, in the present context it is stated and submitted that the answering respondent had perused the records pertaining to the present case and from which it has appeared that the difference amount, of salary for the period from 1.1.71 to 31.3.73 had much earlier been sanctioned by the then District Superintendent of Education, Patna and same has been paid to the petitioners. In this regard it is stated that letter’s from the concerned Head master receipt at the office of answering deponent in which reported that payment has been made to the petitioners.” would go to show that the petitioners have already received payment of salary for which this writ application was filed. That being so, this application has become infructuous and is dismissed accordingly. Abhay Kumar ( Mihir Kumar Jha, J.)