Devendra Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23380 of 2013 ====================================================== Devendra Tiwary Son Of Late Raja Ram Tiwary Residence of Village and P.O. - Malkawli, P.S. - Bagaha, District - West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through Commissioner-cum-Chairman, Gandak Area Development Agency, Muzaffarpur.

2.

The Superintending Engineer, Gandak Area Development Agency, Muzaffarpur 3.

The Executive Engineer, Gandak Area Development Agency, Bettiah, District West Champaran 4.

Account Officer, Gandak Area Development Agency, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhitabh Kumar For the Respondent/s :

Mr.Satish Chandra Jha-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned counsel for the respondents/Gandak Area Development Agency (for short "Agency").

It is submitted by learned counsel for the petitioner, during pendency of the writ application, the petitioner has already superannuated on 31.10.2020. It is further submitted that during pendency of the writ application, some development has taken place and the Superintending Engineer of the Agency / respondent no. 2, vide its order dated 27.01.2021 (Annexure A series to I.A. No. 2/2022), has passed an order to deduct the gratuity of the petitioner.

Patna High Court CWJC No.23380 of 2013(3) dt.09-01-2023 2/2 In view of aforesaid facts and circumstances, the writ petition is disposed of with liberty to the petitioner to file fresh application in the light of subsequent order passed by respondent no. 2 whereby gratuity of the petitioner has been deducted.

(Prabhat Kumar Singh, J) anay/- U