Uday Narayan Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17120 of 2016 ====================================================== Uday Narayan Pandey son of late Ramchandra Pandey, resident of villageBela, P.S.- Ramgarhwa, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary Panchayati Raj, Bihar, Patna.

2. The District Magistrate, East Champaran at Motihari.

3. The Block Development Officer, Block Madhubani, District- East Champaran.

4. The Accountant General, Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kuar For the Respondent/s : Mr. Kameshwar Prasad Gupta-GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-03-2017 Pursuant to the order dated 13.02.2017, the District Magistrate, East Champaran at Motihari and the Block Development Officer, Madhuban are present before the Court. A supplementary counter-affidavit has also been filed on their behalf. Para 4 and 5 of the supplementary counter-affidavit read as under :

"4.

That all the post retiral dues of the writ petitioner were paid earlier only pension of the writ petitioner was remained to be fixed. Now, the pension of the writ petitioner has also been fixed vide P.P.O.

No.

16/PE No.

10317165115/201711161288 PO dated

Patna High Court CWJC No.17120 of 2016 (6) dt.06-03-2017 2/2 02.03.2017. The copy of the P.P.O. in question has been served upon the writ petitioner. In this way all the post retiral benefit has been given to the writ petitioner as such this writ application has become infructuous and liable to be dismissed.

5.

That from the facts stated above it is clear that entire retiral dues of the petitioner has already been paid and after fixing of the pension, the sanctioned order for payment of the arrears of pension has also been sent to the Treasury vide Letter No. 157 dated 04.03.2017 for its payment."

After going through the contents of the supplementary counter-affidavit, learned counsel for the petitioner submits that since the grievances of the petitioner have been redressed, the writ application may be disposed of. Regard being had to the submissions made above, the writ application is disposed of.

The personal appearance of the District Magistrate, East Champaran at Motihari and the Block Development Officer, Madhuban is dispensed with.

(Ashwani Kumar Singh, J.) Kanchan/- U