IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16849 of 2007 RAM BACHCHAN CHOUDHARY, son of late Jagdish Choudhary, resident of village Larui, P.O. Kusumbhara, District Rohtas … Petitioner Versus 1. THE STATE OF BIHAR 2. The Superintending Engineer, Irrigation Department, Buxar Division, Buxar, P.O. + P.S. + District Buxar 3. The Executive Engineer, Irrigation Department, Buxar, P.O. + P.S. + District Buxar … Respondents ----------- 2. 4.5.2010 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application was confined to the following relief: “ This is an application for the issuance of an appropriate writ/writs, order/orders and direction/ directions for commanding and directing the authority concern for the payment of the full gratuity after the adjustment and the paid amounts on/after the fresh calculation, A.C.P. and the salary for the period 10.8.2001 to 31.12.2001 and for the other necessary relief/ reliefs on the basis of the facts and the circumstances of the case as stated hereinafter.” Counsel for the petitioner would agree that the aforesaid relief has already 2 Surendra/ been granted during the pendency of the writ application as is clearly born out from the perusal of the counter affidavit itself. Counsel, however, wanted to make certain more claim as with regard to payment of salary for the period 9.8.1999 to 31.8.2001. This writ application was filed in the year 2007 and even a money claim strictly speaking would not have been entertained after a period of seven years. In that view of the matter, this Court would find that the aforesaid relief cannot be made subject matter of this writ application. Counsel for the State has tried to explain that the petitioner is not entitled for payment of such salary because he had retired on 31.8.2001. In any event such claim of payment of salary cannot be made subject matter of this writ application confined to the relief of retirement benefit. Accordingly, this application has become infructuous and is dismissed accordingly. (Mihir Kumar Jha,J.) 3