Patna High CourtCWJC/7892/2015withdrawn

Rameshwar Singh v. The Union Of India And ORS

2015-07-13Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7892 of 2015 ====================================================== Rameshwar Singh. S/o Late Shankar Dayal Singh. R/o village - Baruna, P.O.- Ossain, P.S.- Shahpur, District - Bhojpur (Arrah). .... .... Petitioner/s

Versus

1. The Union of India, through the Secretary, Department of Defence, Govt. of India, New Delhi.

2. The Major, Senior Record Officer, Bengal Engineer Group Records, Pin-900477, C/o-56 APO.

3. The Record Officer, CIC Records, Bengal Engineer Group Roorkee247667. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kritya Nand Jha, Adv. For the Respondent/s : Mr. Anjani Kr. Sharan (CGC) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-07-2015 Heard learned counsel for the parties as with regard to the following prayer made in this writ application:- "1) That this writ application is being filed for issuance of a writ in the nature of mandamus for commanding and directing the respondents authorities to fix pension as well as to make payment of all retiral dues, gratuity with statutory interest on delayed payment."

Learned counsel for the petitioner, having failed to satisfy this Court with regard to query as sought to be made in the order dated 22.5.2015, relevant portion whereof reads as follows:- "This Court would definitely adjourn this case but then it would direct the petitioner to file an affidavit as to how he has filed this writ petition relating to his claim for payment of pensionary benefits when he was dismissed from service on 17.10.1978 and his

Patna High Court CWJC No.7892 of 2015 (3) dt.13-07-2015 representation also got conclusively rejected at least by an order dated 15.12.1992."

seeks permission to withdraw this application. This application is, accordingly, permitted to be withdrawn but, it is made clear that the petitioner now will have no liberty to move this Court again for the same cause of action raised herein.

(Mihir Kumar Jha, J) Rishi/- U