IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14041 of 2005 1.RAM CHANDRA KAMTI Son of Late Balesher Kamti, resident of village Haripur, Post Gurmaha, P.S. Pandol, Dist. Madhubani. At present working as Ward Servant at Graduate Hostel-I of Bhagalpur University, Bhagalpur. 2.Bauaon Mandal s/o Late Ramjee Mandal R/V Canackpur, P.S. Jhanjharpur, dist. Jhanjharpur. AT present working as Ward Servant at Graduate Hostel-I of Bhagalpur University, Bhagalpur. 3.Shankar Mandal s/o Late Baliram Manal, R/V Chocki Niyamatpur, P.S. Nathnagar, Dist.Bhagalpur. At present working as Ward Servant at West Hostel of T.N.B. College, Bhagalpur. 4.Laloo Mandal s/o Late Mahabir Mali, R/V Maniyarpur, P.S. Nathnagar, Dist. Bhagalpur. At present working as Ward Servant at U.G.C. Hostel of T.N.B. College, Bhagalpur. Versus 1.THE STATE OF BIHAR 2.The Secretary, Higher Education, Govt. of Bihar, Patna. 3.The Vice Chancellor Tilkamanjhi Bhagalpur University, Bhagalpur. 4.The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur. 5.The Finance Officer Tilkamanjhi Bhagalpur University, Bhagalpur. 6.The Principal, T.N.B. College, Bhagalpur, Bhagalpur University, Bhagalpur. ----------- 4 16.8.2010 Heard Mr. Rajendra Prasad Singh, learned Senior counsel appearing on behalf of the petitioners, who would submit that during pendency of this writ application the University has passed an order dated 26.12.2008 absorbing services of the petitioners w.e.f. 1.12.2008 and consequently the petitioners are now waiting for payment of salary in terms of the aforementioned order w.e.f. 1.12.2008, but their payment of salary for earlier period from September, 1999 to 30.11.2008 has not been made. Inasmuch as, the issue which is now sought to be raised is one which would squarely depend on the interpretation of the Office order No.235/2008 dated 26.12.2008 giving a new cause of action to the petitioner, unless the said order is challenged 2 successfully by the petitioners they cannot be held to be entitled for payment of salary. That being so, this application has become infructuous and is being disposed of with a liberty to the petitioners to take an appropriate action as may be available to them in law against the aforementioned order dated 26.12.2008. Abhay Kumar ( Mihir Kumar Jha, J.)