IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4810 OF 2007 MAHENDRA PRATAP, S/O LATE SHIVPUJAN SINGH, R/O VILLAGE NADUKHAR, P.O. ABRAIYA, PS. KUDARA, DISTRICT KAIMUR AT BHABHUA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2.THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, VIKASH BHAWAN,PATNA. 3.THE DIRECTOR PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, VIKASH BHAWAN,PATNA. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT. 5.THE PRINCIPAL CUM DRAW AND DISBURSING OFFICER, RAJKIYA MIDDLE SCHOOL CHENARI, DISTRICT ROHTAS. ………………………RESPONDENTS. ----------- 02/ 18.08.2011 No one appears for the petitioner. Counsel for the State is present and would point out that as with regard to the claim of arrears of salary of the petitioner for the period from 2003 onwards, a reasoned order had been passed by the respondent on 03.08.2007 as contained in Annexure-A to the counter affidavit rejecting such claim of arrears of salary of the petitioner. It is not in doubt that despite service of the counter affidavit and the order dated 03.08.2007 rejecting the claim of the petitioner, no rejoinder has been 2 filed thereto nor anyone is present on behalf of the petitioner. In that view of the matter, this Court would find that the prayer made in this writ application filed on 13.04.2007 on account of the subsequent order passed by the District Superintendent of Education dated 03.08.2007 has become infructuous. That being so, this application is dismissed as having become infructuous. It is however, made clear that nothing said in this order, will come in the way of the petitioner to agitate his grievance as with regard to the fresh cause of action on account of passing of the aforesaid order dated 03.08.2007 as contained in Annexure-A to the counter affidavit. With the aforementioned observation and liberty, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)