Shiv Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17273 of 2014 ====================================================== Shiv Shankar Prasad S/o Jang Bahadur Prasad Resident of Village Sabajpura, Police Station Fena Shirf Factory, P.O. P.S. Phulwarisharif, District Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director Secondary High School, Department of Education, Govt. of Bihar, Patna.

4.

Regional Deputy Director, Department of Education, Govt. of Bihar, Patna. 5.

The Deputy Development Commissioner, Patna.

6.

District Education Officer, Patna.

7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Sarva Deo Singh, Advocate For the Respondent/s :

Mr. Mithilesh Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for directing the respondents to make payment of 20% of house rent to the petitioner which had been paid to similarly situated persons.

3. A counter affidavit has been filed on behalf of the respondent no.7 and a supplementary counter affidavit on behalf of the respondent nos. 1 and 3 which has been sworn by the Joint Director, Secondary Education, Bihar, Patna. In the counter affidavit filed on behalf of the respondent nos. 1 and 3,

Patna High Court CWJC No.17273 of 2014(3) dt.13-10-2023 2/2 the following statements have been made in paragraph nos.4 and 5 which are reproduced hereinbelow.

"4.That it is humbly submitted that the grievance of the petitioner for the payment of house rent allowance @ 20 percent has been sanctioned by the Accountant General Bihar and information has been given to department vide letter no-2166 dated 18.10.2014.

A photo copy of letter no. 2166 dated 15.10.2014 is being annexed herewith and marked as Annexure-A to this affidavit.

counter

5. That in view of the aforesaid facts, the claim of the petitioner has been settled by the Accountant General Bihar and a counter affidavit on behalf of the Accountant General Bihar has been filed before this Hon'ble Court also."

3. In view of the above statements made in the counter affidavit of the respondents, the petitioner does not wish to press the instant writ application.

4. The writ application stands disposed of.

(Partha Sarthy, J) Bibhash U