IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10669 of 2006 Usha Kumari, wife of late Ram Eqbal Singh, Resident of quarter no. C/2/35, Agriculture University, Pusa, District- Samastipur ………. Petitioner Versus 1. The Vice-Chancellor, Rajendra Agriculture University, Pusa, District-Samastipur 2. The Registrar, Rajendra Agriculture University, Pusa, District- Samastipur 3. The Controllor, Rajendra Agriculture University, Pusa, District- Samastipur 4. The Director (Administration) Rajendra Agriculture University, Pusa, District-Samastipur 5. The Finance Officer, Rajendra Agriculture University, Pusa, District-Samastipur 6. The Assistant Director (Administration), Rajendra Agriculture University, Pusa, Samastipur ……… Respondents. ----------- 2. 15.04.2009 Mr. Khurshid Alam, learned counsel for the petitioner states that during the pendency of the writ application the petitioner has already been appointed on compassionate ground which fact is also stated in the supplementary counter affidavit filed on behalf of the respondent- Rajendra Agriculture University wherein it is stated that by office order dated 17.11.2008 the petitioner has been appointed on a class III post of Laboratory Assistant in the pay scale of Rs. 3200-4900 and posted in the Soil Section, Agriculture Faculty at Pusa, which order has been annexed as Annexure R/A to the supplementary counter affidavit. Learned counsel for the petitioner however, refers to the fact that prior to such order of appointment a letter had been issued to the petitioner to vacate the official quarters which had been allotted in the name of her late husband who was an Assistant in the University at the time of his death. It is submitted by learned counsel - 2 - that in similar circumstances the Supreme Court in the case of Smt. Phoolwati Vs. The Union of India & Ors.:1991(1) PLJR 76 (SC) had directed that the appellant widow of the deceased employee in the said case should be permitted to stay in the quarter where she was residing with the members of her family. In view of the appointment already granted to the petitioner the writ application has become infructuous and it is accordingly dismissed as infructuous. Considering the fact that the appointment has already been granted to the petitioner by the authorities of the respondent- University, it is expected that they shall not insist upon her vacating the quarter in which she is staying which was allotted to her deceased husband earlier, in terms of the directions of the Supreme Court in the case of Smt. Phoolwati (Supra). S.Pandey (Ramesh Kumar Datta, J.)