IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11277 of 2003 BAIDYANATH PRASAD @ BAIJNATH Prasad Shrivastava, aged about 54 years, son of Ayodhya Prasad, resident of village- Sareya, P.S. Hussainganj, District Siwan, at present working as peon in R B.T.S. Homeopathic Medical College and Hospital, Muzaffarpur… Petitioner. Versus 1. THE STATE OF BIHAR through Commissioner and Secretary, Department of Health, Medical Education, Family Welfare and Indigenous Medicines. 2. Commissioner and Secretary, Department of Health, Medical Education, Family Welfare and Indigenous Medicines. 3. Director, Deshi Chikitsa (Indigenous Medicine) Health Department, New Secretariat, Patna. 4. Principal, Govt. R B. T. S. Homeopathic Medical College and Hospital, Muzaffapur. 5. Shri B. N. S. Bharati Principal, Govt. R.B. T. S. Homeopathic Medical College and Hospital, Muzaffarpur. … Respondents. ------------- 3. 29.7.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ petition reads as follows;- “1. That this is an application for issuance of a writ of mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the respondents to pay the salary of the petitioner for the period of leave as well as for the duty period as admissible under rules.” With regard to the aforementioned prayer Management of Govt. R. B. T. S. Homeopathic Medical 2 College and Hospital, respondent no. 4 has filed a counter affidavit wherein a stand has been taken that order in terms of the direction given by this Court in CWJC No. 1448-96 has already been passed on 20.12.2003 wherein the period in question has sought to be regularized as leave without pay. In the said order, it has also been indicated that admissible salary for the period 23.5.97 to 15.6.97 has already been made. Thus, it would be clear that this writ petition has become infructuous and is dismissed accordingly. kanchan/ (Mihir Kumar Jha, J.)