Patna High CourtCWJC/11094/2015disposed

Dr. Nawal Kishore v. The State Of Bihar And ORS

2017-05-22Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11094 of 2015 =========================================================== Dr. Nawal Kishore S/o Late Anant Deo Narain, resident of Rajiv Nagar, P.S. Siwan, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Health Department, Government of Bihar, Patna.

3. The Director, Health Department, Government of Bihar, Patna.

4. The Joint Secretary, Health Department, Government of Bihar, Patna.

5. The Additional Secretary, Health Department, Government of Bihar, Patna.

6. The Deputy Secretary, Health Department, Govt. of Bihar.

7. The Civil Surgeon, Primary Health Centre, Khagaria.

8. The Accountant General (A & E), Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the State :

Mr.

For the Accountant General :

Mr. Uday Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-05-2017 The matter has been listed during the Annual Vacation after notice to all parties where they had the option not to get the matter listed. However, no such option not to get the matter listed in the vacation had been exercised by learned counsel for the petitioner.

2. Learned counsel for the Accountant General has assisted the Court.

3. The petitioner had affirmed the affidavit in the writ petition in January, 2015 and the prayer was for paying his retiral dues including gratuity and benefit of 3rd dynamic ACP.

Patna High Court CWJC No.11094 of 2015 dt.22-05-2017 2/2

4. From the counter affidavit filed on behalf of the respondents, it transpires that all other retiral dues has been paid to the petitioner except 3rd dynamic ACP which has not been paid for the reason that the petitioner was continuously on leave from 13.06.2005 till his voluntary retirement on 17.03.2010, that is, for almost five years.

5. Copy of the counter affidavit was served on learned counsel for the petitioner on 08.08.2016, but no rejoinder to the same has been filed.

6. In view of the aforesaid, the Court does not consider that anything more is required to be done in the present writ application as the admitted dues to the petitioner stand paid.

7. Accordingly, the writ petition stands disposed off.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U