IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1750 of 2002 SIYA SHARAN VERMA SON OF LATE NAND KISHORE PRASAD VERMA, RESIDENT OF VILLAGE BUDHAUL, P.S.Amas, P.O, NEEMA BUDAUL, DIST-GAYA, AT PRESENT PARCHA PEON, REVENUE DIVISION,IRRIGATION DEPARTMENT, AURANGABAD…………… PETITIONER Versus 1.THE STATE OF BIHAR 2.The Secretary-cum-Commissioner, Department of Irrigation, Govt. of Bihar, Patna. 3.The Deputy Secretary, Department of Irrigation, Govt. of Bihar, Patna. 4.Deputy Collector, Revenue Division, Gaya. 5.Deputy Collector, Revenue Division, Aurangabad………… RESPONDENTS. ----------- For the petitioner:-None For the State:-JC to AAG-3 3/ 10-Nov-08 Nobody appears on behalf of the petitioner. Learned counsel for the State is present. At the time of first hearing of the matter on 31.1.2002 this Court indicated in the order sheet that this Court, in view of the fact that petitioner had once been found guilty of embezzlement, would not like to restore him to the post of collector peon but it was noticed that now the post of collector peon carries higher scale of pay from April, 1996 and hence this case was kept pending for deciding the issue whether the petitioner is entitled to the pay scale of that post or for the post of purcha peon on which he was permitted to work at a time when both the posts carried same pay scale. From the counter affidavit it appears that w.e.f 2 1.1.1996 again a similar scale of pay has been recommended for the post of collector peon and all other peons. Hence the only issue does not exist any longer. However, since nobody appears on behalf of the petitioner, this writ petition is dismissed for non prosecution. perwez (Shiva Kirti Singh, J.)