IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.432 of 1999 1. ARUN KUMAR, SON OF SRI JANARDAN PRASAD, RESIDENT OF VILLAGE AND P.O. BIRRA, POLICE STATION MAKHDUMPUR, DISTRICT JEHANABAD 2. SHIV LAL PRASAD, SON OF SRI DEVENDRA PRASAD, RESIDENT OF VILLAGE GHARA BIGHA, POLICE STATION, EKANGARSARAI, DISTRICT NALANDA 3. KUNWAR ROY, SON OF LATE GUDRI ROY, RESIDENT OF BHETWALIA POLICE STATION DERNI, DISTRICT-CHAPRA (SARAN) 4. MISTRI KISKU, SON OF LATE SURAI KISKU, RESIDENT OF VILLAGE–KESURAIDIH, POLICE STATION MASALIA, DISTRICT SANTHAL PARGANA(DUMKA) 5. SATYA NARAYAN SINGH, SON OF LATE THAG SINGH, RESIDENT OF VILLAGE JIGNI POLICE STATION SANJHAULI, DISTRICT ROHTAS …………………………………….. PETITIONERS-APPELLANTS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR, PATNA 3. THE BIHAR PUBLIC SERVICE COMMISSION, THROUGH CHAIRMAN, BAILY ROAD, PATNA 4. THE SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILY ROAD, PATNA 5. THE SPECIAL OFFICER-ON-DUTY, BIHAR PUBLIC SERVICE COMMISSION, BAILY ROAD, PATNA… …………………………………………RESPONDENTS-RESPONDENTS ----------- For the Appellants :- Dr. Sadanand Jha, Sr. Advocate with M/s Mahasweta Chatterjee & Abhinab Srivastava, Advocates For the State :- Mr. A. Amanullah, S.C. No.17 For the B.P.S.C. :- Mr. D.K.Sinha, Sr. Advocate with Mr. Anil Kumar Singh No.1, Advocate *** 8. 11.02.2009 Heard the parties. On behalf of the appellants, a supplementary affidavit has been filed in which it has been stated that appellant nos. 1 and 2 have been allocated to Jharkhand State and both of them have been confirmed in service on the - 2 - post desired by them with effect from 10.6.1996 and 9.6.1996, respectively. It has also been stated on their behalf that they have also been granted one A.C.P. and are enjoying their promotion and pay-scale without any threat. In respect of appellant no.3 Kunwar Roy, it has been stated that he has superannuated from service in May, 2004 i.e. during the pendency of this appeal and he is getting his retrial benefits on the basis of pay that he received while in service. In view of the aforesaid subsequent developments, it is clear that appellant nos. 1, 2 and 3 on whose behalf the writ petition was pressed at the time of hearing are no longer in service on account of retirement or on account of being allocated to the State of Jharkhand. In that view of the matter, this Letters Patent Appeal is disposed of as infructuous. B.T. (Shiva Kirti Singh, J.) (J.N.Singh, J.)