IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2495 of 2005 DIN DAYAL PRASAD VERMA Versus THE STATE OF BIHAR & ORS ----------- 5 05.03.2010 Learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the University and learned counsel for the State are present. The petitioner who retired from the post of Routine Clerk in the respondent University, filed this writ petition being aggrieved by an order dated 8.4.2004 (Annexure- 6) issued under the signature of the Deputy Secretary, Higher Education, Government of Bihar, Patna revising the pay scale of the petitioner against the post of Lab Boy. It was contended on behalf of the petitioner that having retired from the post of Routine Clerk it was wholly arbitrary on the part of the State of Bihar to have issued such a letter fixing his scale on the post of Lab Boy. The writ petition was also filed for payment of the retiral benefits to the petitioner as admissible to the post of Routine clerk from which he had retired. A counter affidavit has been filed on 2 behalf of the University, today and Mr. Jai Shanker Singh Barnwal, learned counsel for the University submits that the retiral benefits of the petitioner has been fixed on the basis of the pay drawn by the petitioner on the post of Routine clerk on the date of retirement i.e. 29.2.2004 and the dues have been paid to him. It is thus submitted that in view of the said position where retiral benefits has been paid to the petitioner as admissible on the post of Routine clerk, nothing survives in the present writ petition. This Court is of the opinion that in view of the statement made in the counter affidavit, nothing survives in the writ petition and the same is disposed of as having become infructuous. Bibhash (Jyoti Saran, J. )