IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3683 of 2005 DEVENDRA NATH TIWARY Versus THE STATE OF BIHAR & ORS ----------- 3 20.8.2010 Heard learned counsel for the parties. Petitioner filed the writ application challenging the decision of the respondent to initiate a proceeding under Rule 43- B of the Bihar Pension Rules. Submission of learned counsel is that the petitioner is very much in service and since he is in employment there is occasion for initiation of a proceeding under Rule 43-B of the Bihar Pension Rules. There cannot be a better case for non-application of mind. A counter affidavit has been filed on behalf of the State where they have brought on record a new notification or corrigendum by virtue of which a proceeding under Rule 55 of the Bihar Civil Services (Classification, Control & Appeal) Rules 1930 has been initiated instead of proceeding under Rule 43-B of Bihar Pension Rules. In view of above no lis survives. Petitioner has freedom to show cause and take appropriate steps in the proceeding which has been initiated under Rule 55. This writ application is disposed of with the above observation. RPS (Ajay Kumar Tripathi,J.)