IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3080 of 2003 UMESH CHAUDHARY, son of Sri Ram Chandra Chaudhary, at present posted as Head Clerk, District Agriculture Office, Darbhanga … Petitioner Versus 1. THE STATE OF BIHAR 2. The Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna 3. The Director, Agriculture, Bihar, Patna 4. The Joint Director, Agriculture, Darbhanga Division, Darbhanga 5. The District Agriculture Officer, Darbhanga 6. Bidya Nand Jha, son of not known to the petitioner, at present posted as Accountant, District Agriculture Office, Madhubani 7. Chandra Narayan Dutta, (son of not known to the petitioner), at present posted as Regional Accounts Clerk, Sub Divisional Officer, Samastipur … Respondents ----------- 5. 20.7.2009 Heard counsel for the petitioner and the counsel for the respondents. The prayer in this writ application reads as follows: “ This writ application is being filed for quashing the office order no. 65 contained in memo no. 1107 dated 30.12.2002 issued under the signature of Joint Director, Agriculture, Darbhanga Division, Darbhanga, by which the respondents no. 6 and 7 have been given the pay scale at Rs.4500-7000/- for the identified posts of Head Clerk as per roaster point by modifying the earlier orders including order no. 56 contained in memo no. 598 dated 16.7.2001 by which the petitioner was given the aforesaid scale 2 against the identified post of Head Clerk. In compliance to the order vide letter no. 124 dated 7.1.2002 and letter no. 536 dated 3.7.2002 issued under the signature of Joint Director, Agriculture, Darbhanga Division, Darbhanga. This application is also being filed for quashing the seniority list circulated vide letter no. 536 dated 3.7.2002 to the extent of Serial No. 17 and 18, issued under the signature of Joint Director, Agriculture, Darbhanga Division, Darbhanga, by which the respondents no. 6 and 7 have been placed at Sl.No. 17 and 18 above the petitioner. This application is also being filed for commanding the respondents to consider the case of the petitioner for giving the pay scale of Rs. 4500-7000/- for the post of Head Clerk as has been given vide order no. 56 contained in Memo No. 598 dated 16.7.2001. This application is also being filed for holding that upholding the order vide letter no. 124 dated 7.1.2002 issued under the signature of Director, Agriculture, Bihar, Patna is illegal, arbitrary and without any lawful justification.” 3 Surendra/ Mr. Shanti Pratap, counsel for the petitioner, very fairly submits that during the pendency of this writ application the whole dispute of seniority between the petitioner vis-à-vis respondents no. 6 and 7 stands settled by the order of the Joint Director, Agriculture, Darbhanga Division, Darbhanga who vide his office order No. 38/326 dated 6th September, 2007 has notified a final amended seniority list, wherein the petitioner’s place is shown above respondents no. 6 and 7. Counsel further says that the petitioner has also been given consequential benefit but only from prospective effect. As the main issue stands resolved and the petitioner seems to be satisfied with his seniority, it goes without saying that any consequential benefit flowing out of such seniority shall also be looked into by the competent authority and decided in accordance with law. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) 4