IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.136 of 2007
1. The State of Bihar
2. The Commissioner cum Secretary, Road Construction Department,
Govt. of Bihar Patna
3. The Chief Engineer, Central Design Organization Road
Construction Department, Bihar Patna
4. The Superintending Engineer, High way Planning & Investigation
Circle, Road Construction Department, Patna 15
5. The Technical Advisor of Superintending Engineer, High way
Planning & Investigation Circle, Road Construction Department,
Patna
Respondents- appellants
Versus
Akhila Nand Singh S/o Later Keshwar Singh resident of village
Ismailpur PO Bhawar Sikaria PS Korawana (Kerauna) Dist.
Jehanabad
At present employee of High way Planning & Investigation
Circle, Road Construction Department, Central Design Organization
Building Vishweshwariya Bhawan, Bailey Road Patna 15
Petitioner- Respondent
--------
09/ 13.08.2010 Heard learned counsel for the appellants and learned
counsel appearing for the private respondent.
The order under appeal is a short order whereby the writ
court did not decide any issue as to whether the provisional promotion
to the writ petitioner granted on 28.02.2004 was valid or not or
whether cancellation of lien of the writ petitioner with effect from
03.01.1989 was proper or not. The writ court simply directed to the
competent authority to grant appropriate posting to the petitioner in
the light of the order dated 28.02.2004. The order of the writ court
could not be given effect to because of stay order passed in this appeal
and today learned counsel for the writ petitioner who is respondent
herein has informed this court that the writ petitioner has already
superannuated from service.
In view of such subsequent development, no issue relating
-2-
to posting of the writ petitioner can survive. Hence this appeal as well
as writ petition are now found to be infructous. The appeal is disposed
of accordingly.
(Shiva Kirti Singh, J)
(Hemant Kumar Srivastava, J)
shahid