IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7490 of 2005 MD.YAHIYA ANSARI son of late Haji Md. Amin Ansari resident of village-Latif, Market, Chaukhandi, Dharma Shala Road, P.O., P.S. and District-Rohtas.(Sasaram) Versus 1. THE STATE OF BIHAR 2. The Accountant General, Bihar, Patna. 3. The Commissioner-cum-Secretary, Road Construction Department, Bihar, Patna. 4. The Engineer-in-Chief, Road Construction Department, Bihar, Patna. 5. The Director, G.P.F. Department, Bihar, Patna. ----------- 8 09.03.2010 Heard Mr. Nasrul Hoda Khan learned counsel appearing on behalf of the petitioner, Mr. K.K. Singh, learned A.C. to G.P.5 and Mr. S.M. Ehtesam learned counsel appearing on behalf of the Accountant General. The petitioner superannuated from the post of Junior Engineer from the Road Construction Department with effect from 31.7.2003 and filed the writ petition for payment of his post retiral and other dues, as set out in paragraph 7 of the writ petition. During the pendency of the proceedings the entire admissible dues of the petitioner together with admissible interest thereon has been paid to him and the position is also admitted by the learned counsel appearing on behalf of the petitioner who submits that the 2 amount of 10% of pension has been deducted from the pension entitlement of the petitioner in pursuance of the order bearing No. 4651(S) dated 14.7.2005 placed at Annexure-A of the counter affidavit. Learned counsel further submits that he has challenged the validity of the said order of penalty in a writ petition bearing C.W.J.C. No. 13995 of 2005 and which is pending for decision before a Bench of this Court. Having regard to the circumstances that the admissible post retiral benefits and other dues to which the petitioner was found entitled has since been paid to him and the correctness or otherwise of the penalty order dated 14.7.2005 is subject matter of another proceeding, the present writ petition is disposed of as having become infructuous. Bibhash (Jyoti Saran, J. )