Devo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3222 of 2023 ====================================================== Devo Sah Son of Late Shubhuk Lal Sah, Resident of near Airport, Naya Bazar, Ward No.2, Nagar Parishad Saharsa, P.o. and P.S. Saharsa, DistrictSaharsa, the retired Plumber Mistiri, Building Construction Department, Building Division, Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief-cum-Special Secretary, Building Construction Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Building Construction Department, Building Circle, Saharsa.

5.

The Executive Engnieer, Building Construction Department, Building Division, Saharsa.

6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

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

Mr. Amit Prakash (GA13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-07-2023 Heard Mr. Awnish Kumar, learned counsel appearing on behalf of the petitioner and Mr. Amit Prakash, learned GA-13 for the respondent/s.

2. Learned counsel appearing on behalf of the State seeks to file hard copy of the counter affidavit on behalf of respondent nos. 2 to 5 which is kept on record.

3. Learned counsel appearing on behalf of the State submits that all the retirement benefit payable to the petitioner along with the statutory interest on account of delay in payment

Patna High Court CWJC No.3222 of 2023(2) dt.18-07-2023 2/2 has been paid to the petitioner. In support of the said statement, the respondent/s have brought on record acknowledgment dated 22.05.2023 accepting the said information as made in paragraph no. 4 to the counter affidavit.

4. This Court finds that in case petitioner has been coerced or forced to put his signature on the typed copy to support the above stand of the state as stated in paragraph no. 4 of the counter affidavit, the petitioner is at liberty to take legal action against the concerned authority in accordance with law.

5. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani U