Krishnadeo Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22060 of 2011 ====================================================== Krishnadeo Prasad, Son of Late Keshav Chaudahry Resident Of Mohalla - P.O. Colony, J - 152, Kankarbagh, Patna -20 ... ... Petitioner
Versus
1.
The State of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.
2.
The Chief Engineer, Water Resource Department, Bihar, Patna. 3.
The Executive Engineer, Sone Canal Division, Khagaul, Patna. 4.
The Accountant General, Bihar, Patna .
... ... Respondents ====================================================== Appearance :
For the Petitioner :
None For the State :
Md. Sahid Siddiqi, AC to AAG-5 For the Accountant General :
Dr. Anand Kumar, Adv.
Mr. Rajan Prakash, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-02-2023 None appears for the petitioner.
Learned counsel for the State is present.
Writ petition has been filed for the following relief/s:- " a) To quash the order, contained in letter No.-153 dated -22. 1. 11 and the letter No.-1839 dated 13.8.11 issued by the respondent No.-3 whereby and whereunder the representation dated- 2.6.10 filed on behalf of the petitioner in pursuance of the order dated- 5. 5. 2010 passed in 6296/2010 has been rejected without appreciating the principle settled by the
Patna High Court CWJC No.22060 of 2011(3) dt.23-02-2023 2/3 constitutional court, without complying the principle of natural justice and without appreciating the fact and circumstance of the case.
b) To quash the part of the order, contained in the letter no.-1721 dated 2.8.11 issued by the respondent No.-3 whereby and whereunder the claim of the petitioner regarding Patna city allowance for the period of April (2nd Half) 2007 to September 2007 alongwith interest, travelling allowance for the period of March 2005 to May 2005, October 2006, March 2007, October 2007 to December 2007, January 2008 to August 2008 alongwith interest, transfer travelling allowance from Rangelia to Patna with interest, interest on delay payment of arrear of salary for the periods 1st June 1996 to July 1997, February, 2008 to April 2008, gratuity pension, leave, Group Insurance and for payment of entire General Provident Fund alongwith interest has been rejected arbitrarily and illegally.
c) To quash the letter no.-2652 dated 14.
11.2008 and letter No.-1840 dated 13.8.11 issued by the respondent no.-3 and.
d) To direct the respondents to grant the petitioner another relief/ reliefs for which he is legally entitled to in the facts and circumstances stated herein after."
Learned counsel for the State submits that a counter affidavit has been filed, denying the petitioner's claims, after
Patna High Court CWJC No.22060 of 2011(3) dt.23-02-2023 3/3 due service upon the petitioner's counsel on 23.04.2012. Today, when the matter is taken up, there is none to represent the petitioner. There is no rejoinder to the counter affidavit, wherein the claims raised in the writ proceedings have been specifically denied.
Without going into the merits of the averments made in the counter affidavit, writ application is dismissed for want of prosecution.
(Madhuresh Prasad, J) rajkishore/- U