IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1271 of 2004 1. Sudarshan Sharma, Son of late Narsing Sharma, Resident of Village Sawajpura, P.O. Jaipur, Distt. Arwal. 2. Jagdish Prasad, son of late Sri Bindeshwar Prasad, Resident of Village Paithan Toli, P.S. Kanti, P.O. Damodarpur, Distt. Muzaffarpur. 3. Bhola Sahu, Son of late Baldeo Sahu, Resident of Village & P.O. Narahia, Distt. Madhubani. 4. Umesha Nand Mishra, Son of late Deonandan Mishra, Resident of Village + P.O. Sirai, Via Sahajitour, Distt. Saran. 5. Md. Mansoor Alam, Son of late S.K. Md. Ashique, Resident of Village Barwa Barauli, P.O. Managarhori, P.S. Shikarpur, Distt. West Champaran. 6. Satya Narayan Prasad Shrivasta, Son of late Bankay Behari Lal, Resident of Village Flat no. 5-1 Surya Triveni Appt., Road No. 3H New Patliputra Colony, District Patna. ------- Petitioners Versus 1. The State of Bihar. 2. The Chief Secretary, Govt. of Bihar. 3. The Secretary, Science and Technology Department, Govt. of Bihar, Patna. 4. The Joint Secretary, Science and Technology Department, Govt. of Bihar, Patna. 5. The Finance Secretary, Govt. of Bihar, Patna. 6. The Principal, M.I.T., Muzaffarpur. --------- Respondents ----------- 4 02.08.2010 Heard learned counsel for the parties. The prayer of the petitioners in this writ application reads as follows:- “1. This is an application for issuance of an appropriate writ(s)/direction(s) for quashing of clause-8 of the Govt. Notification issued vide memo no. 6758 dated 5.9.03 as contained in Annexure-1 to this writ application and all other consequential clauses which are against the interest of the 2 petitioners and for further issuance of appropriate writ(s)/ direction(s) commanding the respondents to fix the retirement benefit of the petitioners in the scales of Professor, which has been implemented vide the aforesaid notification no. 6758 dtd. 5.9.03. The petitioners also pray that the said scale of pay of Professor be given to the petitioners wef. 1.1.96 with all consequential benefits as has been done in the other states including Jharkhand and the employees of central university in pursuance of the grant released by the A.I.C.T.E. The petitioners further prays that all consequential benefits be given to them with interest.” Before Mr. Rajendra Prasad Singh, learned senior counsel for the petitioners, could make his submission with reference to the aforementioned relief, he would bring to the notice of this Court an order of the Finance Department contained in letter no. 6541 of 9.10.2006, wherein, the impugned order, so far it relates to paragraph nos. 8, 9 & 10 have already been deleted pursuant to the judgment of this Court dated 19.9.2005 in CWJC No. 13550 of 2003 as affirmed by the 3 Division Bench in the order dated 23.8.2005 in LPA No. 500 of 2002. Once the impugned order has already been modified by the State Government, the writ application has, in fact, automatically been rendered infructuous. At this stage, Mr. Singh would submit that the petitioners would also be entitled for some consequential benefit. Counsel for the State, however, has no instruction on this issue and therefore, the petitioners are given liberty to approach the competent authority of the State Government for such consequential relief, which will flow to them in view of the letter of the Finance Department no. 6541 dated 9.10.2006. This Court believes that the same will also be extended to the petitioner at an early date if the same has been acted upon in case of others. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)