IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6911 of 1996 1.JANARDAN PRASAD SAHU son of late Shri Krishna Prasad Sahu, Head Pharmasist, Nalanda Medical College & Hospital, Agamkuan, Patna-7. 2.Manager Pandey son of Chandrama Singh, Senior Driver, Nalanda Medical College & Hospital, Agamkuan, Patna-7. 3.Deeplal Jamadar son of Nanhka Ram, Nalanda Medical College & Hospital, Agamkuan, Patna-7. 4.Kamla Mestar (Jamadar) son of Kesho Ram, Nalanda Medical College & Hospital, Patna-7. 5.Anup Ram son of Chhotu Ram, Nalanda Medical College &Hospital, Patna-7. 6.Shravan Mistri Son of Ram Chandra Mistri, Nalanda Medical College & Hospital, Patna-7. 7.Laxami Das @ Laxmi sonof Late Saukhi Das, Nalanda Medical College & Hospital, Agamkuan, Patna-7. 8.Krishnadeo Ram son of Saryu Ram, of Nalanda Medical College & Hospital, Agamkuan, Patna-7. 9.Subash Chandra Sisngh son of Ramnandan Singh, of nalanda Medical College & Hospital, Agamkuan, Patna-7. 10.Vishwanath Prasad son of Ram Chandra Prasad, of Nalanda Medical College & Hospital, Agamkuan, Patna-7. 11.Yogendra Ram son of Jyoti Ram of Nalanda Medical College & Hospital, Agamkuna, Patna-7. All employees under Nalanda Medical College & Hospital, Agamkuan, Patna-7. Versus 1.STATE OF BIHAR 2.The Health Commissioner Cum Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, at Patna. 3.The Director in Chief, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 4.The Superintendent, Nalanda Medical College & Hospital, Agamkuan, Patna. 5.Rabindra Prasad Sinha son of Shri Pitambar Singh. 6.Parmeshwar Prasad Sinha son of Late Gulab Singh. 7.Maheshwar Mahto son of Late Ram Saran Mahto. No. 5 to 7 employees of Infectious Diseases Hospital, Nalanda Medical College & Hospital, Agamkuan, Patna-7. ----------- 6 20.7.2010 Heard Mr. Umakant Shukla, learned counsel for the petitioners and learned counsel for the State. At the out set, Mr. Shukla with regard to the following prayer made in this writ application, 2 “(I)An appropriate writ in the nature of a writ of certiorari for quashing the order dated 10.2.96 passed by the Health Commissioner Cum Secretary, the Respondent no.2 as contained in Annexure-6 whereby the Respondent No.2 has passed the order for the merger of cadre of the employees of the infectious diseases Hospital with the cadre of the employees of Nalanda Medical College & Hospital (hereinafter referred to as the N.M.C.H.) in purported continuation of the department’s letter no.162 (25) dated 9.4.90; and the letter No.162 (25) dated 9.4.90 issued by the Director-in-Chief, the Respondent No.3 as contained in Annexure-1 whereby the Respondent No.3 issued direction for the merger of the cadre of non-Gazetted employees of N.M.C.H and the cadre of the Infectious Disease Hospital and creation of one cadre for the both, may be issued. (II)An appropriate writ, direction or order commanding the Respondents not to interfere with the seniority of the petitioners in any way effecting their channel of promotion, interse seniority in the cadre of the non-gazetted employees of N.M.C.H. which has been in existence hither to and their benefits in the matters of salary and other emoluments, may also be issued. (III)It may be adjudicated upon and held that the Resolution dated 1.9.84 of the Health Department of the Government of Bihar has nothing to do with the merger of cadres and it does not contain any direction or for the merger of the cadre of the employees of the Infectious Diseases Hospital with the cadre of the employees of the N.M.C.H. and on such adjudication and declaration it may be further held and declared that the orders as contained in annexure-1 and 6 are based on total misconception of the aforesaid resolution dated 1.9.84.” would submit that by efflux of time prayer made in this writ application has become infructuous and he would not like to press the same. That being so, this application is dismissed as having become infructuous. Abhay Kumar ( Mihir Kumar Jha, J.)