IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3817 of 1993 1. UMA KANT SINGH son of Sri Chandra Madhav Singh, resident of Mohalla, C.D.A. Colony, North Shashtri Nagar, Patna-23, P.S. Shastrinagar, Dist. Patna. 2. Sharangdhar Upadhaya son of Sri Amreshwar Upadhaya, Professor’s Colony, West Patel Nagar, Patna 23, P.S. Shastrinagar, Dist. Patna. Versus 1. The State of Bihar 2.The Bihar Public Service Commissioner, bailey Road, Patna 3.The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 4.The Chief Controller of Accounts, Department of Finance, Govt. of Bihar, Patna. 5.The Project Director –cum-Joint Secretary, Rural Development Department, Govt. of Bihar, Patna …….Respondents. ---------- For the Petitioners: Mr. Atul Kr. Pandey, Advocate. For the State : Mr. A.K. Jha, G.A-2. For the B.P.S.C.: Mr. Sanjay Pandey, Advocate. ----------- 5 19.2.2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the B.P.S.C. Learned counsel for the petitioners has clarified that he is not pressing this writ petition on behalf of petitioner no.2 and is confining itonly to petitioner no.1. The relief claimed in the writ petition filed in the year 1993 is to direct the respondents to fill up the vacancies arising before 10.3.1983 in the Department of Finance and Rural Development, Govt. of Bihar and to appoint the petitioners against those vacancies in view of judgement of this Court in a writ petition of the year 1989. It is not in dispute that no interim relief was granted and no posts were kept reserved for the petitioners. Learned counsel for the Commission has submitted that several recruitment processes have taken place later and subsequent advertisements were issued and no vacancy can be identified which might have arisen before - 2 - 10.3.1983 . According to him the writ petition has become in fructuous by efflux of time and because of non-availability to any vacancy existing prior to 10.3.1983. We find ourselves in agreement with the submission advanced on behalf of the respondents that since there was no interim order to reserve any vacancy, the matter has become in fructuous. The writ petition is disposed of accordingly. (Shiva Kirti Singh, J) (Birendra Prasad Verma, J) M.Rahman