IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8534 of 2005 RAM KUMARI DEVI widow of Late Yogendra Prasad Singh, resident of Village-Basudeopur, P.O. Birsinghpur, P.S. Kalyanpur, District Samastipur. Versus 1.THE STATE OF BIHAR. 2.The Registrar Co-operative Specialist, Bihar Patna. 3.The District Co-operative officer, Katihar. District Katihar. 4.The District co-operative Officer, Sitamarhi, District Sitamarhi. 5.The Block Development Officer, Pitradhi, District- Sheohar. 6.The Accountant General, Govt. of Bihar, Patna. ----------- 5 13/8/2009 Heard the parties. Learned counsel for the petitioner with reference to the following prayer in this writ application:- "(a) To issue a writ of mandamus or any other writ or writs, direction or directions commanding upon the Respondents to make payment the salary of the petitioner's husband after deducting the amount already paid to him during the suspension period by way of subsistente amount. The petitioner's husband retired on 30.11.1996 from Pitradhi Block district Sheohar and later on he has died leaving the petitioner the widow. (b) To further direct the respondents to re fixed the family pension on the basis of revised pay scale which was not given to the petitioner's husband during his life time before his retirement. The pension of the petitioner has been fixed treating the service of the petitioner's husband as 26 years 8 months 19 days only whereas the petitioner's husband had completed the entire tenure of his service retired on 30.11.1996 as a Block Co- operation Extension Officer from Piprahi Block District Sheohar. (c) To further direct to make payment of the salary of the petitioner's husband for the period from 1.11.1994 to 8.12.1994 which was not paid to him during his life time." would submit that in view of the stand now taken in the counter affidavit to the following effect, 2 “That arrear dues of suspension period i.e, 7.4.94 to 31.10.94 and unpaid salary of 1.11.94 to 8.12.94 has been paid to the deceased wife Smt. Ram Kumari Devi (petitioner herein). That the deponent has paid the entire amounts to the petitioner, i.e, wife of deceased Jogendra Prasad Singh before filing of this writ petition i.e, (1) Unutilised leave salalry (2) Group Insurance amount (3) Provisional Pension and gratuity and (4) Amount deposited in G.P.F account. That after filing of this writ petition following dues has been paid to the Smt. Ram Kumari Devi wife of Late Jogendra Prasad Sinha i.e, (a) Unutilised leave salalry (on the basis of revision of pay scale due to promotion (b) Arrear amount of the suspension period and (c) Arrear pay due to promotion. That the family pension has been revised and sent to Accountant General vide this office letter no. 1070 dated 25.7.2009 for approval. That writ petitioner Ram Kumari Devi has also admitted that all the above amount and entire claim have been paid,” he would not like to press this application as he believes that the State has ultimately complied an earlier order of this Court and has made payment of all the admitted dues. In that view of the matter as also having regard to the earlier order of this Court dated 30.6.2009 if the State has ultimately paid admitted dues, as is claimed in the counter affidavit which also been admitted by the petitioner, this writ application must be held to have become infructuous and is disposed of accordingly. Abhay Kumar (Mihir Kumar Jha, J.)