Din Bandhu Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 949 of 2011 =========================================================== Din Bandhu Prasad Son of Late Ganesh Prasad, Resident of Mauja- Raxaul Ward No.-15, P.S.-Raxaul , District - East Champaran . .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Food & Consumer Protection, Department, Old Secretariat, Bihar, Patna.

3. The Director, Bihar State Food and Civil Supply Co-operation, Department, Bihar, Patna.

4. Deputy Secretary, Food & Consumer Protection, Department, Old Secretariat, Bihar, Patna.

5. The District Collector, Bettiah, West Champaran.

6. The District Collector, Jahanabad.

7. The District Supply Officer, Bettiah, West Champaran.

8. The District Supply Officer, Jahanabad.

9. The District Supply Officer, Ara.

10. The Sub Divisional Officer, Narkatiya Ganj, West Champaran.

11. The Sub Divisional Officer, Sitamarhi.

12. The Sub Divisional Officer, Ara.

13. The Sub Divisional Officer, Jahanabad.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 26-11-2015 Heard learned counsel for the parties.

Though, the petitioner has moved the Court seeking retiral benefits but from the counter affidavit of the State, the stand is that there are no records available with the Department which will show that the petitioner had worked except from the period 1993-1999 and after that the petitioner has moved the Court after 9 years i.e., in 2011. On 30.10.2015, in view of copies of the counter affidavit filed on behalf of the respondents being served on

Patna High Court CWJC No.949 of 2011 dt.26-11-2015 2/2 learned counsel for the petitioner on that day, the matter was adjourned to be listed today. Today, no rejoinder has been filed to the said affidavit.

In view of such disputed facts, the Court is not in a position to pass any specific order relating to the grievance of the petitioner.

Accordingly, the writ application stands disposed off.

However, the petitioner shall be at liberty to file a detailed representation before the respondent no. 2 in support of his claim to show that he had worked under the State Government for a period which is pensionable under the relevant rules/circulars/notifications of the State Government. If such a representation is filed within four weeks from today, along with a copy of this order, the respondent no. 2 shall consider the same and dispose it off, after hearing the petitioner, if he so desires, within the next four weeks. If any amount is found payable, the same shall also be paid to the petitioner within two months of the order being passed by the respondent no. 2.

(Ahsanuddin Amanullah, J.) Anand Kr.

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