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Patna High CourtCWJC/201/2015withdrawn

Ram Ayodhya Prasad v. The State Of Bihar And ORS

2015-02-06Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.201 of 2015 ====================================================== Ram Ayodhya Prasad Son of Late Badri Prasad Sah, Resident of MohallaIllam Ram Chowk, P.S.- Bettiah Town, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, West Champaran at Bettiah

3. The Chairman, Bettiah Municipality, West Champaran

4. The Executive Officer, Bettiah Municipality, Bettiah, West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Wasi Ahmad Khan, Adv For the Respondent/s : Mr. Kundan Kumar AC to SC 32. For the Respondent Nos. 3 & 4: Mr. Dhananjay Kumar No. 2, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 06-02-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner in this writ application claims payment of retirement dues and the same has been explained in paragraph no. 8 by way of non payment of G.P.F. amount, leave encashment and gratuity whereas in the representation filed by the petitioner the demand made by him is not at all in relation to any of the aforementioned alleged retirement benefit as explained in paragraph no. 8, this court would find the present writ application to be wholly ill advised

Patna High Court CWJC No.201 of 2015 (2) dt.06-02-2015 and also misconceived.

When such an observation has been made learned counsel for the petitioner seeks permission to withdraw this application in order to enable the petitioner to move the competent authority by way of claiming only retirement benefit. It is, however, made clear that whatever decision has to be taken in relation to payment of retirement benefit that alone would be gone into by the competent authority, if the petitioner files his such representation.

That being so, this application is permitted to be withdrawn with the aforementioned liberty.

(Mihir Kumar Jha, J) Ranjan/- U