IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.467 of 2008 RAM NATH MANJHI Versus THE STATE OF BIHAR & ORS ----------- 2. 05/02/2009 Petitioner has filed this application for modification of order dated 13.12.2006 passed by this Court in C.W.J.C.No.7316 of 2005. By the said order writ application of the petitioner was disposed of taking notice of a decision of this Court reported in 2005(4) PLJR 498. Learned counsel for the petitioner submits that subsequently law has been laid down by a Division Bench of this Court, order whereof is contained in Annexure-B/1 to this application. It is submitted that by virtue of this order of the Division Bench, petitioner becomes entitled for continuing in service of the Corporation till he attains the age of 60 years. It is obvious that the order of the Division Bench laying down the law was passed much after the order was passed by this Court in the writ application of the petitioner. Therefore, nothing wrong could be pointed out in the order of this Court, as contained in - 2 - Annexure-A. However, in view of changed legal position as laid down by a Division Bench of this Court, as contained in Annexure-B/1, petitioner will be at liberty to move afresh for an order in his case also in the light of the said order of the Division Bench which, as per submission of learned counsel for the petitioner, has been affirmed by the Apex Court. However, learned counsel for the Corporation submits that review application is pending before the Apex Court in the matter. These matters can be looked into in case petitioner moves afresh in this Court for grant of benefit in terms of the order of the Division Bench of this Court. This modification application is accordingly disposed of with the aforesaid liberty. Pradeep/ (J. N. Singh, J.)