IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1225 of 2009 IN (CWJC 10571/2009) WITH Interlocutory Application No. 9081 OF 2010 ====================================================== 1. Bihar State Minorities Financial Corporation, through its Managing Director, 34 Ali Imam Path, Harding Road, P.S.-Sachibalaya, Patna 2. Managing Director, Bihar State Minorities Financial Corporation, 34, Ali Imam Path (Harding Road), P.S.-Sachibalaya, Patna. – Respondents-Appellant (s) Versus 1. Syed Mohammad Anwarul Haque, son of Late Abdul Aziz residing at Magistrate Colony, P.O.-Ashiana Nagar, P.S.-Rajiv Nagar, Patna, presently functioning as Loan Officer in the Office of Bihar State Minorities Financial Corporation Ltd. 34, Ali Imam Path (Harding Road), Haj Bhawan, P.S. Sachivalaya, District-Patna. 2. Awadh Kishore Prasad son of Late Nageshwar Prasad, Madhukunj Apartment, P.S.- Patliputra, Patna presently functioning as Account Officer in the office of Bihar State Minorities Financial Corporation Ltd. 34, Ali Imam Path (Harding Road), Haj Bhawan, P.S.-Sachivalaya, District-Patna. 3. Nehal Ashraf son of Late S.M. Mustafa, Sabzibagh, P.O-Banikpur, P.S.-Pirbahore, Patna, presently functioning as Private Secretary in the office of Bihar State Minorities Financial Corporation Ltd. 34, Ali Imam Path (Harding Road)Haj Bhawan, P.S. Sachivalaya, District-Patna. 4. Hem Chandra Mishra son of Late Sushil Mishra, Shiv Puri, P.O.- Anisabad, P.S.-Gardanibagh, Patna, presently functioning as Administrative Officer in the office of Bihar State Minorities Financial Corporation Ltd. 34 Ali Imam Path (Harding Road), Haj Bhawan, P.S. Sachivalaya, District-Patna. -Petitioners- Respondent(s) ====================================================== Appearance : For the Appellants : Mr. Deepak Kumar, Advocate For the Respondents : Mr. Madhuresh Prasad, Advocate Mr. A. Kumar, Advocate ====================================================== 2 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 28.10.2010 Re. Letters Patent Appeal No.1225 of 2009 With the consent of the learned advocates, the appeal is heard and decided today. Pending this Appeal the respondent writ petitioner has filed Interlocutory Application No.9081 of 2010 for vacation of the order dated 9th March 2010. The writ petitioner has relied upon the communication dated 23rd March 2010 issued by the State of Bihar in respect of the extension of the benefit of pay scales under the 6th Pay Commission report to the employees of the Bihar State Minorities Financial Corporation. Learned advocate Mr. Deepak Kumar has appeared for the writ petitioner. He has submitted that the claim of the writ petitioner was in respect of the benefit of Assured Career Progression under the report of the 6th Pay Commission. Under the communication dated 23rd March 2010 the Corporation is empowered to consider the claim of Assured Career Progression of its employees. In view of the said development, the present Appeal shall not survive. Learned Advocate Mr. Deepak Kumar has appeared for the appellant Bihar State Minorities Financial Corporation. He agrees that in view of the Government communication dated 23rd March 2010 the Corporation will be in a position to consider the claims of its employees for Assured Career Progression. He, therefore, does not press this Appeal. The Letters Patent Appeal is dismissed as not pressed. The ad interim order stands vacated. I.A. No. 9081 of 2010 stands disposed of. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)