Bishwanath Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20764 of 2018 ====================================================== Bishwanath Dubey Son of Late Rameshwar Dubey, Resident of Jogbani, P.S. - Jogbani, District- Araria.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Secretary, Minor Water Resources Department, Bihar, Patna. 3.

The Chief Engineer, Minor Water Resources Department, Bihar, Muzaffarpur 4.

The Executive Engineer, Minor Water Resources Division, Hazipur. 5.

The Accountant General, Bihar, Patna.

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

For the Petitioner :

Mr.Prabhu Nath Pathak, Adv For the State : None For the Accountant General : Mr. Rabindra Kumar Priyadarshi, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 19-06-2020 This matter has been taken up for hearing through video conference.

2. The present writ petition has been filed "for a direction to the respondents to pay pension, gratuity and leave encashment etc. forthwith as the petitioner retired from service on 31.01.2012, but the same has not been paid to the petitioner."

3. At the very outset, learned counsel for the petitioner states that almost all the retiral dues have since been paid to the petitioner. However, leave encashment in lieu of unutilised Earned Leave has not been received and so also there remains a claim for revised pension.

4. After some arguments, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file an appropriate representation before

Patna High Court CWJC No.20764 of 2018 dt.19-06-2020 2/2 the concerned authority for the remaining grievances.

5. None appears on behalf of the State. Learned counsel for the Accountant General is present.

6. As prayed, permission is accorded and the writ petition is permitted to be withdrawn with liberty to the petitioner to file a representation before the concerned authority for redressal of his remaining grievances towards leave encashment and revised pension.

7. The writ petition stands dismissed as withdrawn with the aforesaid liberty.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE - Uploading Date 20.06.2020 Transmission Date -