IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6417 of 2002 GYANESHWAR PRASAD Son of Sri Bhubneshwar Pandit, resident of village Naya Tola, Koshopur Post-Jamalpur PS Jamalpur District Munger. Versus 1. THE BIHAR STATE AGRICULTURE MARKETING BOARD, Pant Bhawan, Bailey Road Patna through its Managing Director. 2. THE BIHAR STATE AGRICULTURE MARKETING BOARD, Pant Bhawan, Bailey Road Patna. 3. The Agriculture Produce Market Committee, Gopalganj through its Market Secretary. 4. The Agriculture Produce Market Committee, Jehanabad through its Market Secretary. 5. Sri Bhupendra Narayan Singh, son of not known at present working as Market Supervisor 6. Sri Kishori Lal Prasad, son of not known at present working as Head Clerk ----------- 5 27-01-2009 Heard learned counsel for the petitioner and learned counsel representing the Bihar State Agriculture Marketing Board which has stood dissolved by virtue of Bihar Agriculture Produce Marketing (Repeal) Act, 2006 w.e.f 1.9.2006. Petitioner’s grievance is related to alleged supersession and a claim for promotion but as noticed above, during the pendency of this writ petition a law has come into force which has led to dissolution of the employer, the Agriculture Marketing Board. No doubt some relief has been granted to the employees of the Board as an interim major and subsequently they have been deputed/absorbed in other services but the provision in Section 6 of the aforesaid Act provides for continuation of all the officers and employees of the Board, during the period their cases are pending for absorption/deputation, on the same salary and allowances as was payable on the date of repeal of the Act. On account of statutory provisions the original employer - 2 - does not exit and petitioner’s service has also been dealt with for the purpose of deputation/absorption in accordance with the decision of group of Secretaries as provided in Section 6 of the Act. Now he is an employee under a different employer on account of statutory provisions. In such circumstances, it is not possible to remand the matter to the Board for further consideration of petitioner’s grievance. The writ petition is, therefore, dismissed. BKS/ (Shiva Kirti Singh,J.)