IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10862 of 2003 LALITA PRASAD SINGH, son of late Sukh Nandan Singh, resident of Guru Sahay, Lal Nagar, P.O. Asiyana Nagar, District Patna- 8000025 … Petitioner Versus 1. THE STATE OF BIHAR, through the Secretary, Department of Water Resources Development Department (Irrigation), Govt. of Bihar, Patna 2. The Engineer-in-Chief, Water Resources Development Department (Irrigation), Irrigation Bhawan, Government of Bihar, Patna 3. The Under Secretary to the Government of Bihar, Water Resources Department (Irrigation) Govt. of Bihar, Irrigation Bhawan, Patna … Respondents ----------- 3. 13.1.2010 Having heard counsel for the petitioner and the State at great length, this Court is satisfied that the petitioner’s claim for claiming consequential benefit of the post held by the petitioner cannot be decided in favour of the petitioner because of the earlier judgment of this Court and the judgment of the Apex Court in S.L.P.No. 5301/1983. As a matter of fact this aspect of the matter has also been gone into at length in the order dated 1.2.2005 in the case of Sri Lallan Singh & ors. vs. State & ors., C.W.J.C.No. 1049/2000. Counsel for the petitioner, however, would submit that the persons with same service history as of the petitioner 2 have been given certain financial benefit and therefore, he may be given liberty to approach the authority for such financial benefit. This Court without expressing any opinion on such submission of the counsel for the petitioner would simply permit him to withdraw this application subject to the condition that no fresh writ petition would be filed by the petitioner for the same cause of action for which this writ petition has been filed. With the aforementioned observation, this application is dismissed as withdrawn. (Mihir Kumar Jha,J.) Surendra/