IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.760 of 2009 Md.Ashraf Khan son of Late Md. Aziz Khan, resident of Mohalla- Mathiya Zirat, P. S. Chitawani, District- East Champaran. … petitioner/ Appellant Versus 1. The State Of Bihar 2. The Secretary, Ruler Works Department Nirman Bhawan, Baily Road, Bihar, Patna. 3. The Engineer-in-Chief, Ruler Works Department, Nirman Bhavan, Beli Road, Patna. 4. The Chief Engineer, Ruler Works Department, Nirman Bhawan, Beli Road Patna. 5. The Superintending Engineer, Ruler Works Department, Works Circle, Bettia, West Champaran. 6. The Executive Engineer, Ruler Works Department, Works Division, Bettia, West Champaran. 7. Shyam Kishore Sinha son of not known, Accounts Clerk in the office of Executive Engineer, Ruler Works Department, Works Division, Motihari, East Champaran. 8. Mahesh Prasad Shrivastava, son of not known, Accounts Clerk in the office of Assistant, Ruler Works Department, Sub- Division, Raxaul, East Champaran. 9. Moti Lal Ram son of not known, Accounts Clerk in the office of Executive Engineer, Ruler Works Department, Works Division, Bettia, West Champaran. … Respondent/ Respondent. --------- For the appellant : Mr. Vijay Shankar Shrivastava, Adv. For the respondent : Mr. Braj Kishore Pd. Sinha, G. P. 3 : Mr. Harendra Pd. Singh, Adv. ----------- 3. 15.04.2010 Questioning the legal propriety of the order dated 27.4.2009 passed by learned single Judge in CWJC No. 5115 of 2009 whereby he has declined to grant relief to the appellant-petitioner claiming absorption on the post of accounts clerk, the present appeal has been filed. In course of hearing of the appeal, we have 2 been apprised that the absorption of the private respondents as accounts clerk has been cancelled by the State Government. Be it noted, the appellant is a Correspondence Clerk. Cancellation has taken place by which absorption of Correspondence Clerk as Accounts Clerk has been cancelled. Thus, the grievance that the persons who were not qualified have been absorbed stands mitigated. Learned counsel for the appellant submitted that the appellant is qualified to be absorbed. Regard being had to the aforesaid submission, we are only inclined to observe that if the State Government introduces a policy for absorption and the appellant would meet the criteria, at that juncture his case shall be considered in accordance with law. With the aforesaid observation, this appeal stands disposed of. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)