IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6499 of 2003 MD.KHURSHID ALAM, son of Md. Badruddin, resident of village Hemjapur Sherghati, P.S. Amas, P.O. Sherghati, District Gaya … Petitioner Versus 1. THE STATE OF BIHAR 2. Director, Higher Education, Bihar, Patna 3. Vice Chancellor, Magadh university, Bodh Gaya 4. Assistant Registrar, Magadh University, Bodh Gaya 5. Principal, Sri Mahanth Satanand Giri Mahavidyalaya, Sherghati, Gaya … Respondents ----------- 4. 18.8.2010 Heard counsel for the petitioner and the counsel for the State as also the University. The prayer of the petitioner initially when the same was filed on 17.7.2003 read as follows: “This is an application for issuance of writ in the nature of mandamus for direction directing the respondents to regularize the service of the petitioner, who is serving the college, namely, Sri Mahanth Datnamal Giri Mahavidyalya, Sherghati, Gaya since 16.8.1976 and also for direction to the respondents to pay the arrears of salary to the petitioner in accordance with law.” Counsel for the petitioner would inform this Court that the Magadh University by a notification contained in Memo No. 2 95/06/G.I.C. dated 21.2.2006 has already regularized the services of the petitioner, Md. Khurshid Alam, on the post of Peon with immediate effect i.e. 21.2.2006. That being so, this Court having kept the said photo copy of the notification dated 21.2.2006 as produced by the counsel for the petitioner would hold this writ application to have become infructuous, inasmuch as the main relief of the petitioner has already been granted by the authorities. This Court, however, must note the parting submission of the learned counsel for the petitioner, who made a veiled attempt to also claim payment of salary from the date of initial appointment. In view of the fact that the order of regularization itself makes it clear that the services of the petitioner and two others were regularized with immediate effect and the petitioner has not challenged the said order, it will not be open for the petitioner to claim salary for the period when his engagement had been continuing only on daily wages. All that the petitioner may 3 thus be entitled for payment of remuneration for the period prior to 21.2.2006 will be only on daily wages as fixed by the University. With the aforementioned observaitons, this application is dismissed as having become infructuous. (Mihir Kumar Jha,J.) Surendra/