Shakti Nath Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13086 of 2015 ====================================================== Shakti Nath Mishra Son of late Dharnidhar Mishra resident of Village- Shital patti, p.s Sibapatti, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Principal Secertary Finance Department, Govt.of Bihar, Patna. 3.

Principal Secretary land AND Revenue Department , Govt. of Bihar, Patna. 4.

District Magistrate-cum-Collector, Darbhanga. 5.

Sub-divisional Officer, Benipur Sub Divisional District Darbhanga. 6.

Deputy Collector Establishment Darbhanga.

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Respondent/s :

Mr. Md. N. Hoda Khan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 30-01-2023

1. The petitioner by way of this writ petition has prayed as under :- "1. That in this writ application the petitioner seeks the following reliefs :- A) To issue a writ of mandamus or any other writ or writs, direction or directions commanding upon the respondents to make payment the difference of arrears of salary from the month of 7.3.2003 till the date of retirement i.e. 30.9.11 with interest permissible under law. B) To pass any such other order or orders as this Hon'ble Court thinks fit and proper under the facts and circumstances of this case."

Patna High Court CWJC No.13086 of 2015(3) dt.30-01-2023 2/2

2. The counter affidavit has been filed and it has been stated as under :- "6. That it is humbly submitted that the petitioner was being paid his salary from shirsh (Head) 2235 Samajik Suraksha which is now closed and as such the petitioner could not be paid arrears of difference of salary earlier. The petitioner has been paid Rs. 2,59,532/- (Two lacs fifty nine thousand five hundred sixty two) and accordingly advice of payment has been endorsed to treasury officer, Benipur to release the amount. From head 2053 093 and as such the grievance of the petitioner has been redressed and satisfied so instant case deserve to be dropped as petitioner has been paid the required amount and has withdrawn his claim."

3. Keeping in view above, this Court is satisfied that the grievance of the petitioner stands redressed as the payment has already been made.

4. The writ petition is dismissed as having become infructuous.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 110 U