Sharwan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18714 of 2016 =========================================================== Sharwan Kumar S/o Ganesh Saw R/o 38 Shanti Niketan Colony, P.O. Bahadurpur, P.S. Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar.

2. The Principal Secretary, Department of Finance, Government of Bihar.

3. The Secretary Bihar Rajya Yojana Parisad, Vishweswariya Bhawan, Patna.

4. Deputy Secretary, Bihar Rajya Yojana Parishad, Patna.

5. The Accountant General, Patna.

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

For the Petitioner/s :

Mr. Kalyan Shankar, Advocate For the Accountant General :

Mr. Bindhyachal Rai, Advocate For the State :

Mr. Ravi Ranjan, A.C. to S.C. 22 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 03-08-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. The petitioner has moved the Court for the following reliefs:

(i) For Issuance of an appropriate writ/writs, direction/directions in the nature of Mandamus commanding the respondents to grant full pension and revise pension accordingly in the light of resolution passed through memo no. 51. Dated- 15.01.2016 of Government of Bihar.

(Annexure-1).

(ii) Future for Issuance of an appropriate writ in the nature of mandamus commanding and directing the respondents to pay arrears of pension in the light of memo No. 51 dated-15-01-2016. (iii) for any other relief/relief's which this Hon'ble Court may grant in the interest of the petitioners that may be deemed appropriate and fit in the case."

3. Counter affidavit has been filed on behalf of the

Patna High Court CWJC No.18714 of 2016 dt.03-08-2018 2/2 Accountant General (respondent no. 5) showing that based on revision, fresh authority for payment of pension and gratuity has already been issued on 28.02.2017. Copies of the same has also been brought on record by way of Annexures- A and B to the counter affidavit.

4. Copy of the counter affidavit was served on learned counsel for the petitioner on 10.05.2017, but no rejoinder has been filed.

5. In view thereof, the Court can only presume that the grievance of the petitioner has been redressed.

6. Accordingly, the writ petition stands disposed off.

7. However, if the petitioner feels that any payment still remains to be made, he shall be at liberty to file a detailed representation before the respondent no. 3. If such a representation is filed within four weeks from today, before the respondent no. 3, he shall look into the matter and pass a reasoned order within four weeks from the date of filing of the representation. If anything further is found payable to the petitioner, the same shall also be paid to him within the next four weeks.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U