Vijay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1398 of 2021 In Civil Writ Jurisdiction Case No.948 of 2021 ====================================================== Vijay Kumar Mishra Son of Late Indra Narayan Mishra, Resident of -Ward No. 08, Dharampur, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Pankaj Kumar Pal, the Principal Secretary, Rural Works Department, Government of Bihar, Patna. 2.

Sri Kamlesh Kumar Choudhary The Chief Engineer-3, Rural Works Department, Government of Bihar, Patna.

3.

Sri Jaikishore Thakur, The Superintendent Engineer, Rural Works Department, Works Circle, Samastipur.

4.

Sri Bhupendra Singh The Executive Engineer, Rural Works Department, Works Division, Patori, Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar, Advocate For the Opposite Party/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2025 The learned counsel for the opposite parties submits that in compliance of the judgment of this Court dated 24.03.2021, passed in CWJC No.948 of 2021, the entire arrears/outstanding amount has already stood paid to the petitioner, as would be apparent from paragraph nos.12 to 15 of the show cause, which is reproduced hereinbelow:- "12) That the Executive Engineer, Rural Works Department, Works Division- Patori remitted

Patna High Court MJC No.1398 of 2021(3) dt.04-07-2025 2/3 the difference amount of revised pension for the period 09.08.1999 to 16.10.2005 amounting to Rs.2,10,439.00 in the Bank Account bearing No.3 476321624 , IFSC Code-CBIN0281474 of the petitioner, which is evident from letter No.1284 dated 01.10.2024.

13) That the Executive Engineer, Rural Works Department, Works Division- Patori vide his office order bearing No.1416 dated 23.10.2024 sanctioned the difference amount of unutilized salary and remitted the said amount amounting to Rs.74,665.00 in the Bank account of the petitioner.

14) That in the light of the office order bearing No.1417 dated 23.10.2024, the difference amount of Gratuity has also been remitted into the bank account of the petitioner.

15) That it is apparent from the above delineated fact that the benefits of A.C.P. has already been extended to the deceased father of the petitioner and the order of this Hon'ble Court has been fully complied."

2. This Court finds that the aforesaid stand taken by the opposite parties in their show cause has not been rebutted by the petitioner inasmuch as no rejoinder affidavit has been filed hence, this Court is satisfied from the facts and circumstances of the case, as aforesaid, that the order of this Court has stood

Patna High Court MJC No.1398 of 2021(3) dt.04-07-2025 3/3 complied with, hence the present petition has been rendered infructuous.

3. Accordingly, the present petition stands dismissed. (Mohit Kumar Shah, J) Saurav/- U