IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14047 of 2002 Kamala Kant Tiwari, Son of Sri Ram Bachan Tiwari, Resident of Village Paspipara, P.S. Mohania, District Kaimur (Bhabua), at present posted as Aurvedic Medical Officer, State Dispensary Baraon Kala, District Rohtas. -------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Health (Deshi Chikitsa), New Secretariat, Baily Road, Patna, Bihar. 3. Secretary Deshi Chikitsa, Health Deputy cum Director, Bihar, Patna. 4. The Director cum Secretary (Deshi Chikitsa), Bihar, Patna. --------- Respondents ----------- 3 19.07.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application, reading as follows; “1. That this is an application for issuance of an appropriate writ order or direction including a writ in the nature of Mandamus for direction to posting the petitioner at the post of District Indigenous Medical Officer being senior most Medical Officer according to gradation list contained in Annexure 1 against vacant post, and for issuance of an, writ or order or direction as petitioner is found entitled to.” by efflux of time, has become infructuous, inasmuch as, the petitioner has already 2 retired from service and therefore, there would be hardly an occasion for now considering the posting of the petitioner on the post of District Indigenous Medical Officer as originally prayed in this writ application. That being so, this application, on account of efflux of time, has become infructuous and the same is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)