IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15809 of 2006 Mahendra Kumar Thakur, Physical Training Instructor (Class-III Post) Maharani Rameshwari Bhartiya Medical Science Institute, Mohanpur Darbhanga, son of late Subhankar Thakur, Permanent resident of Village Akaur, Police Statiion Benipatti, District Madhubani. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Health and Family Planning Department, Bihar, Patna. 3. The Director, Deshi Chikitsa, Govt. of Bihar, Patna. 4. The Deputy Director, Deshi Chikitsa, Govt. of Bihar, Patna. 5. The Principal, Rajkiya Maharani Rameshwari Bhartiya Chikitsa Sansthan, Mohanpur, Darbhanga. --------- Respondents ----------- 4 18.7.2011 In view of the subsequent development taking place during the pendency of this case, in the form of an order of the Health Department contained in Memo No. 373 dated 28.4.2010, produced by the learned counsel for the petitioner and kept on record, giving the petitioner benefit of the pay-scale of Rs. 3050-4590/- with effect from 8.9.2005, this writ application filed on 20.12.2006 for a direction for payment of his salary of a Class-III post w.e.f. 8.9.2005 has become infructuous, inasmuch as, the petitioner has already been given salary of a Class-III post from 8.9.2005 the date the decision was taken in his favour for absorbing him against such Class-III post. True it is that in absence of a duly 2 sanctioned post of Physical Training Instructor, the petitioner’s services could not have been either taken over or absorbed on the non-existing post of Physical Training Instructor, but ultimately, under the order of the authority in view of the earlier round of litigation before this Curt, if the petitioner was given the benefit of a Class- III post, the respondents in all fairness have correctly held him also entitled for payment of salary from 8.9.2005 in pursuance to the office order no. 838 dated 25.8.2005. Since the petitioner has already retired from service on 30.6.2010, this Court would direct the concerned respondents to ensure that the benefit of the Government order dated 28.4.2010 both by way of arrears of salary as also the revision of post retirement benefit, if not already extended to the petitioner, must be done so within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)