IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14697 of 2009 1. SUBODH PRASAD SINGH S/O MAHAVIR PRASAD SINGH VILL.- BADI, P.S.- KATRISARAI IN THE DISTRICT OF NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR-IN-CHIEF HEALTH SERVICES, GOVT. OF BIHAR, PATNA 3. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER NALANDA AT BIHARSHARIF 4. THE DISTRICT LEPROSY OFFICER NALANDA AT BIHARSHARIF ----------- 05. 09.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner came to this Court in C.W.J.C. No. 2036 of 2008 questioning the allocation of his services to the State of Jharkhand consequent to the reorganization of the State of Bihar. Interim orders in his favour were passed on 19.2.2008. The writ application unfortunately came to be dismissed for non-prosecution on 24.6.2008. Subsequently, it was restored on 25.7.2009 in M.J.C. No. 1623 of 2008. Learned counsel for the petitioner submits that after restoration of the writ petition the authorities in the reorganized State of Bihar accepted his joining in pursuance of the interim order and he continued to work as such till his superannuation in October, 2009. In view of his superannuation, the question of cadre allocation has become academic. If, under the interim order the petitioner retired as an employee of the 2 State Government, he shall be deemed to be an employee of the State Government for all intents and purposes and he is held entitled to full benefits of service including salary allowance etc. in accordance with the interim order dated 19.2.2008 inclusive of his claim to be considered for grant of pensionary benefit on that basis. Let the order be complied in all aspects for all arrears and fixation of pension etc. Within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. P.K ( Navin Sinha, J.)