IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1198 of 2010 PRAHLAD SINGH S/O LATE SRI BALESHWAR SINGH R/O BRINDAVAN COLONY, WEST FROM THE RUSI CONTENMENT, P.O. + P.S.- BHAGWAN BAZAR, DISTT.- SARAN (CHAPRA), PIN-841301. VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA-1 3. THE REGISTRAR JAI PRAKASH UNIVERSITY, CHAPRA 4. THE CHAIRMAN STUDENT WELFARE CUM CO-ORDINATOR GRIEVANCE REDRESSAL CELL, J.P. UNIVERSITY, CHAPRA 5. THE PRINCIPAL RAJENDRA COLLEGE, CHAPRA 6. MR. AJAY KUMAR SINHA S/O NOT KNOWN TO THE PETITIONER AS ASSISTANT WORKING INCHARGE AN ACCOUNTANT IN THE RAJENDRA COLLEGE CHAPRA. ----------- 02 24.06.2010 The petitioner alleges that he was an Account Assistant with additional qualification of stenography in Rajendra College under J.P. University at Chapra. The counsel for the University disputes this. He states that petitioner was recruited as Stenographer only, though may be at times works were taken in the Accounts Section. Petitioner’s contention is that considering his seniority if the Head Accountant having superannuated, he should have been made the Head Accountant, in stead he was made the Head Clerk and a junior was made the Head Accountant. Learned counsel for the University points out that all intent and purpose, the writ petition has become infructuous. The petitioner has retired and is liable to be paid his retiral benefits on - 2 - the pay as last drawn. Learned counsel further submits that, in fact, the petitioner was not entitled to be appointed as Head Accountant because he was never in the cadre of Assistant. Be that as it may, the petitioner had already retired, nothing survives in the writ petition, it is, accordingly, disposed of. Trivedi (Navaniti Prasad Singh, J.)