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Patna High CourtCWJC/12248/2011disposed

Ashok Kumar Thakur v. Zila Parisad,Patna And ANR

2015-01-13Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12248 of 2011 ====================================================== Ashok Kumar Thakur Son of Late Raghu Nath Thakur Resident of VillageJanta, P.S-Gaighat, District-Muzaffarpur, Retd. Senior Assistant, Zila Parisad, Patna.

.... .... Petitioner

Versus

1. Zila Parisad, Patna through its Deputy Development Commissionercum-Chief Executive Officer, Zila Parisad, Patna.

2. Deputy Development Officer-cum-Chief Executive Officer, Zila Parisad, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr.

For the Respondents : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4.

13.01.2015 Nobody appears on behalf of the petitioner.

Learned counsel for the respondents is present. Learned counsel for the respondents submits that as per the stand taken in the counter affidavit, the petitioner who was himself the Establishment clerk had drawn excess salary for the post held by him which was not as per the recommendation of the 5th Pay Revision Commission, though the mistake was rectified after the recommendation of the 6th Pay Revision Commission. Therefore, according to him, the respondents have only adjusted the amount which admittedly has been drawn in excess of the entitlement of the petitioner. Copy of the counter affidavit was served on learned counsel for the petitioner on 15.12.2014 and on 17.12.2014, on the prayer made by learned counsel for the petitioner, the

Patna High Court CWJC No.12248 of 2011 (4) dt.13-01-2015 2/2 matter was adjourned for three weeks to enable him to file reply to the counter affidavit. Today, neither anybody appears on behalf of the petitioner nor any rejoinder is on record. In view of the aforesaid, the Court does not feel any necessity to keep the matter pending.

Accordingly, the writ application stands disposed off.

(Ahsanuddin Amanullah, J.) Anand Kr.

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