IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6255 of 2005. - - - Anil Kumar son of Sri Ramawtar Rajak, R/o village Parwania, P.O. Diwari, P.S.Sonbersa Kutchary Dist. Saharsa ………………… Petitioner. Versus 1.The State Of Bihar. 2. The D.G.P. cum/I.G. of Police,Bihar. 3. The D.I.G. of police (Human Right),Bihar. 4.The D.I.G. of Police, Saharsa. 5.The S.P., Saharsa … Respondents. ----------- 5. 27.06.2011 No one appears on behalf of petitioner. Heard learned counsel for the State. The case was called out on 20th June 2011 when counsel for the petitioner sought for time and the case was adjourned. Again it was listed on 23rd June 2011 when no one appeared on behalf of petitioner. This Court on the last occasion, mentioned that if the counsel for the petitioner would not appear on the next date fixed, the court will have no option but to pass order. In this case State has filed counter affidavit. From perusal of the writ petition it appears that the petitioner has challenged the legality and validity of his termination from service from the post of clerk, Class-III post, in the scale of pay of Rs.3050-4590/- against that post the petitioner was appointed on the recommendation of the Bihar Public Service Commission as a scheduled caste candidate. Accordingly, he prays for quashing of the office order no. 303/2003 i.e. termination of petitioner from service contained in Memo No. 433 dated 24th March 2005 and also for issuance of a writ in the nature of mandamus or any other appropriate writ, commanding the respondents to resist from interfering with the 2 service of the petitioner in any manner. In the body of the writ petition, it has been stated that pursuant to the advertisement against Class-III post of clerk in various Police Offices under the Director General cum- Inspector General of Police, Bihar, Patna the petitioner including others applied for the post, and the Selection Committee held both preliminary and the final test of the candidates. Petitioner also applied for the post and he was declared successful in the test and his name was recommended by the Commission for appointment against Class-III post. Accordingly direction was issued for allotment of District for the appointment of candidates recommended by the Commission to the different Regional Deputy Directors, including the district of Saharsa where the petitioner was allotted. Petitioner appeared before the D.I.G. Koshi Range, Saharsa on the scheduled time for verification of his date of birth and other proof, after proper verification, appointment letter was issued in his favour, and he was ordered to be posted in the Office of Superintendent of Police, Saharsa against a vacant post. He obtained the Medical certificate from the Civil Surgeon cum-Chief Medical Officer for submitting his joining in the Office of Superintendent of Police, Saharsa. It is very surprising that the D.I.G., Police (Human Rights) by his letter dated 15th March 2005 addressed to the S.P.,Vaishali/Saharsa directed that the appointment pursuant to letter dated 7th July 2005 on the recommendation of Commission be kept stayed and directed for removal from services, in pursuance of the aforesaid direction the petitioner was terminated from service. He made 3 a representation but the authorities did not consider it and, hence, the present petition has been filed. Counsel for the State has filed counter affidavit wherein in Patra-8 it has been stated that the grievance of the petitioner has been redressed as vide Shahabad Range Order No. 84/2006 and Bhojpur D.O.No.995/2006 (Annexure-B to the counter affidavit), petitioner has been appointed on the post of clerk after clearance of roster by the Police Headquarter in the Office of Superintendent of Police, Bhojpur. And, accordingly, he has been working on the said post. In view of the fact that the grievance of the petitioner has been redressed by the State, now this writ petition has been rendered infructuous . Accordingly, the writ petition is dismissed. Jay/ ( Shivaji Pandey,J)