Md. Ghani Ansari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1645 of 2016 ======================================================

1. Md. Ghani Ansari, son of Shahid Ansari, r/o Village Bhelwa, PS Ghora Sahan, District East Champaran, at present posted at District Treasury Officer, Motihari, as Assistant

2. Md. Aslam Ansari, son of Hafiz Abdullah Ansari, r/o Village Khori Pokhar, PO Kiritpur, PS Harsidhi, District East Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar, through Chief Secretary, Govt. of Bihar Patna

2. The Commissioner, Department of Finance, Bihar, Patna

3. The Additional Commissioner (Resource) Department of Finance, Bihar, Patna

4. The Special Secretary, Department of Finance, Bihar Patna

5. The District Magistrate, Motihari, Bihar

6. The District Treasury Officer, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar Md. Abu Shajar For the Respondent/s :

Mrs. Binita Singh, SC 28 Mr. Vivek Anand Amritesh, AC to SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-01-2019 Heard learned Counsel for the petitioners and the learned Counsel for the respondent State.

It is submitted by Counsel for the petitioners that by order dated 31.8.2018 bearing Memo No. 1182 issued by the District Magistrate, East Champaran, Motihari, services of the petitioners have been absorbed on Grade III post in the Collectorate.

In view of such development prayer made in the writ petition has become infructuous. However Counsel for the petitioner submits that since the order is prospective in nature he

Patna High Court CWJC No.1645 of 2016(3) dt.17-01-2019 2/2 should be given liberty to claim benefits with retrospective effect.

With liberty as aforesaid the writ petition is dismissed as infructuous.

(Madhuresh Prasad, J.) SNkumar/- U