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Patna High CourtCWJC/12862/2017disposed

Alok Kumar v. The State Of Bihar And ORS

2020-05-22Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12862 of 2017 ====================================================== Alok Kumar S/o Late Leelanand Yadav, Resident of Village- Barsam, P.O.- Barsam, P.S.- Sour Bazar, District- Saharsa.

... ... Petitioner

Versus

1.

The State Of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Finance Commissioner, Bihar, Old Secretariat, Patna. 3.

The Accountant General, Bihar, Patna.

4.

The Director, Fishnery Department, Patna.

5.

The Deputy Director, Fishnery, Kosi Division, Saharsa. 6.

Collector, Madhepura.

7.

District Fishery Officer- cum-Chief Executive Officer, Madhepura. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

M/s. Mallika Mazumdar, Adv.

M/s. Itisuman, Adv.

For the State :

Mr. Sajid Salim Khan, SC-25 For the Accountant General Mr. Dhanendra Choubey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date : 22-05-2020 Heard M/s. Mallika Mazumdar and M/s Itisuman learned counsels appearing for the petitioner. Also heard Mr. Sajid Salim Khan, learned SC-25 appearing for the State and Mr.

Patna High Court CWJC No.12862 of 2017 dt.22-05-2020 2/3 Dhanendra Choubey, learned counsel appearing for the Accountant General through video conferencing.

At the very outset, learned SC-25 Mr. Sajid Salim Khan points out that this court had directed the State to file counter affidavit but due to prevailing situation of lockdown, counter affidavit could not be filed in the court. However, copy of counter affidavit has already been sent to learned counsel of petitioner through Whatsapp. Learned SC-25 points out that the only grievance of the petitioner is non payment of death cum retiral gratuity of his mother but as a matter of fact, the concerned department has already sanctioned death cum retiral gratuity of mother of the petitioner and the recommendation has already been sent to learned Accountant General for needful. Learned counsel appearing for the Accountant General submits that Accountant General has already issued sanction letter in respect of payment of dues amount of mother of petitioner. Learned counsels for the petitioner frankly admit the above stated submissions and submit that this petition may be disposed of giving liberty to petitioner to file fresh petition, if some dues is still pending.

In view of the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of

Patna High Court CWJC No.12862 of 2017 dt.22-05-2020 3/3 giving liberty to petitioner to file fresh petition, if still his grievance has not been redressed.

(Hemant Kumar Srivastava, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.05.2020 Transmission Date N.A.