IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4437 OF 1999 JAI RAM JHA, S/O LATE MAHABIR JAH, R/O VILLAGE ALPURA, POST OFFICE TAJPUR, POLICE STATION ANDHRA THARHI, DISTRICT MADHUBANI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH SECRETARY, HIGHER EDUCATION, NEW SECRETARIATE, PATNA. 2.THE KAMESHWAR SINGH DARBHANGA UNIVERSITY THROUGH ITS REGISTRAR, KAMESHWAR NAGAR, DARBHANGA. 3.THE VICE CHANCELLOR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 4.THE REGISTRAR, KAMESHWAR SINGH DARBHANGA UNIVERSITY THROUGH ITS REGISTRAR, KAMESHWAR NAGAR, DARBHANGA. 5.THE GOVERNING BODY OF KIRTI NARAYAN KAMAKHYA SANSKRIT COLLEGE, MAHRAIL MADHUBANI THROUGH ITS SECRETARY. 6.THE PRINCIPAL, KIRTI NARAYAN KAMAKHYA SANSKRIT COLLEGE, MAHRAIL, MADHUBANI. ………………………RESPONDENTS. ----------- 08/ 18.08.2011 Heard counsel for the parties. Having regard to the fact that the order assailed in this writ application as contained in Annexure-12 dated 20.02.1999, stopping payment of salary of the petitioner stands modified and/or recalled in view of the subsequent order passed by the University on 01.09.1999 in view of the order dated 06.04.1999 passed in M.J.C No. 1011 of 1999, this writ application virtually has become infructuous. The apprehension of the petitioner that his payment of salary despite 2 withdrawal of the order dated 20.02.1999 will not be made also seems to be wholly misconceived, inasmuch as, there is a decision of the University itself dated 15.10.2008 to make payment of salary. The only clarification, therefore, this Court would like to make while disposing of this writ application is that if payment of salary of other teachers in this College has already been made, the petitioner should not be discriminated in the matter of payment of salary at least for the period such payment of salary has been made to the other teachers, inasmuch as, there is a direction of this Court in C.W.J.C NO. 5444 of 1996 to make payment of salary to the petitioner against the sanctioned post of modern subject. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)