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Patna High CourtCWJC/19179/2017disposed

Ramanand Singh v. The State Of Bihar And ORS

2022-03-31Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19179 of 2017 ====================================================== Ramanand Singh Son of Late Maulavi Singh, R/o Village-New Area, Nawada, Ward No. 6, P.O.P.S.-Nawada Town, District-Nawada. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director of Primary education, Govt. of Bihar,New Secretariat Vikash Bhawan, Patna.

3.

The Director, Mass Education Jan Shiksha Bihar, New Secretariat Vikash Bhawan, Patna.

4.

The Regional Deputy Director, Magadh Pramandal Division, gaya. 5.

The District education Officer, Aurangabad.

6.

The District Programme Officer Establishment, Aurangabad. 7.

The Block Education officer, Barun, District-Aurangabad. 8.

The District treasury Officer, Aurangabad.

9.

The Accountant General AandE, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Arun, Advocate For the Respondent/s :

Mr. Kumar Kamal Nayan, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-03-2022 Heard Mr. Arun Kumar Arun, learned counsel for the petitioner and Mr. Kumar Kamal Nayan, learned AC to SC-28 for the State.

Learned counsel for the petitioner submits that the present writ application has been filed for payment of pensionary and other retiral dues to the petitioner. However, a counter affidavit has been filed bringing on record the order dated 8.8.2018 by which the 100 per cent pension of the petitioner has been forfeited as per Rule 139(b) of the Bihar

Patna High Court CWJC No.19179 of 2017(4) dt.31-03-2022 2/2 Pension Rules. Learned counsel further submits that the petitioner intends to challenge the order dated 8.8.2018 at Annexure-G to the counter affidavit by way of separate writ application.

In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to challenge the aforesaid order or any other order passed by the authority forfeiting the 100 per cent pension and other benefits of the petitioner by way of filing a separate writ application.

Permission is granted.

Accordingly, this writ application is dismissed as withdrawn with the aforesaid liberty.

(Anil Kumar Sinha, J) S.Ali/- U