IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3132 of 2002 RAMANAND SINGH Versus THE STATE OF BIHAR & ORS ----------- 6 14.5.2009 Heard counsel for the petitioner and counsel for the State. What would be the criteria for fixation of seniority in the Muffasil Cadre of Clerk in the Collectorate of Katihar district could have been decided had the lis with regard to the petitioner of acquiring his seniority in the Cadre in which he was merged after abolition of the consolidation scheme, had still survived. From the affidavit sworn by the petitioner in support of this writ application on 24.2.2002 describing his age to be about 54 years as on 24.2.2002, it would be clear that after expiry of a period of seven years hence, this writ application on account of superannuation of the petitioner has become infructuous. That being so, this Court without expressing any opinion on the claim of the petitioner, would now leave him to get his due whether of his service period or retirement benefit in terms of his entitlement as per his 2 service record. With the aforementioned observations, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)