IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9389 of 2009 HIRA SINGH, S/O LATE HARI BALLAM SINGH, R/O VILLAGE-BASAUNA, P.S.-DHANGAIN, P.O.- DALIPPUR, DISTRICT-BHOJPUR, AT PRESENT WORKING AS ACTING HEADMASTER UPGRADED MADHYA VIDYALAYA BASAUNA, P.S.-DHANGAIN, DISTRICT- BHOJPUR. ……………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, BHOJPUR AT ARA. 4. THE DISTRICT EDUCATION OFICER, BHOJPUR, CHAIRMAN, ESTABLISHMENT COMMITTEE PRIMARY TEACHERS TRANSFERS, DISTRICT-BHOJPUR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR, DISTRICT-BHOJPUR AT ARA. 6. THE RANGE EDUCATION OFFICER, BEHEA, DISTRICT-BHOJPUR AT ARA. 7. THE BLOCK EDUCATIOIN OFFICER, JAGDISHPUR (WEST), DISTRICT-BHOJPUR AT ARA. 8. LAL BAHADUR CHAUDHARY, ASSISTANT TEACHER, UPGRADED MADHYA VIDYALAYA BARAUNA, P.S.- DHANGAIN, DISTRICT-BHOJPUR AT ARA. 9. SHRIMATI RADHA KUMARI, HEADMISTRESS, PRIMARY SCHOOL, PRAKHAND COLONY KOELWAR, P.S.-KOELWAR, DISTRICT-BHOJPUR AT ARA. …………………RESPONDENTS. ----------- For the Petitioner : Mr.Atul Chandra, Adv. For the State : Mr.Manikant Mishra, GP- 21 and Mr.Raj Narayan Mishra. For respondent no.8: Mr.Manoj Kumar, Adv. For respondent no.9: Mr.Kripa Nath Yadav, Adv. and Mrs. Manju Kumari, Adv. ------------ 3 13.09.2010 Petitioner had filed this writ application challenging Annexure-12, by which, he was transferred to another school under some allegations. When the case was taken up on 18.08.2009, this Court directed the respondents to file counter 2 affidavit in the case. However, during the pendency of the writ application, this Court directed that the said Annexure-12 dated 13.07.2009 if not already implemented the same shall remain stayed. By filing a rejoinder to the counter affidavit of respondent no.5 petitioner has brought on record an order passed by the Block Education Officer, contained in memo no.51 dated 26.03.2010 (Annexure-15), from which it appears that the said Annexure-12 has been recalled and the petitioner has been allowed to continue in earlier school. The Headmistress who was posted by Annexure-12 has also been reverted back to her earlier school, vide Annexure-13. Learned counsel for the petitioner submits that thereafter salary of the petitioner has been paid up to June, 2010 and payment of salary of July and August, 2010 is in process. In that view of the matter, since the impugned order stands recalled by the respondents, the writ application has become infructuous and, therefore, the same is disposed of as such. Arvind/ ( J. N. Singh, J.)