IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3706 of 2010 1. Surendra Prasad, S/o Sri Julus Rai, resident of Vill. Aibharpur, P.S. Phulwari, Distt. Patna. 2. Devendra Thakur, S/o Sri Rameshwar Thakur, Resident of Village Niamatpur, P.O. Neuri, P.S. Belgaganj, District Gaya. 3. Gaya Prasad, S/o late Ram Dhaun Paswan, Resident of Village Dhah Bhatti, P.O. Sira, District Vaishali. 4. Birendra Prasad Rajak, S/o late Shukhu Rajak, Resident of Village Kurji Balu Par, P.O. Sadakat Ashram, P.S. Digha, District Patna. 5. Akhilesh Kumar, S/o Sri Pyare Rajak, Resident of Lohanipur Upadhya Lane, Kadam Kuan, Patna. --------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Department of Medical Education & Family Welfare, Government of Bihar, Patna. 3. The Additional Secretary, Department of Medical Education & Family Welfare, Government of Bihar, Patna. 4. The Principal, Rajkiya Ayurvedic Vidyalay, Kadamkuan, Patna. --------- Respondents ----------- 3 06.10.2010 Having perused the personal affidavit of the earlier counsel Mr. Mukesh Kumar Thakur disclosing the circumstances in which he had made a prayer for withdrawal of the writ application, this Court would allow the prayer made in this application by recalling the order of this Court dated 5.8.2010 but then it is made clear that if the petitioners have been discontinued from service on account of automatic vacation of the stay order passed in their favour on 8.7.2003, the restoration or re-hearing of the writ application will not enure to the 2 benefit of continuation of the petitioners in terms of the aforesaid interim order. This application is accordingly disposed of. Rsh (Mihir Kumar Jha, J.)