Bhola Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13285 of 2011 =========================================================== Bhola Ram, Son of Late Nanhu Ram, Resident of Mohalla-Sheopuri, Urantola, P.S.-Gardanibagh, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Department of Secondary, Primary & Adult Education, Government of Bihar, Patna.

3. The Director (Administration) Cum Deputy Secretary Education Department, New Secretariat, Patna, Bihar.

4. The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 28-02-2018 None appear for the parties.

2. The petitioner has moved the Court for the following reliefs:

"i. For commanding the respondents to pay all the retirement benefit of the petitioner such as Pension, Gratuity, Leave enchashment, Provident fund and Group Insurance as well as commuted value of the pension which has became payable to the petitioner upon his superannuation w.e.f. 31.1.1996.

ii. For also commanding the respondents to pay Interest over the delayed amount of retrial benefit from 31.1.1996 till the date of its payment at the rate of 12% per annum as well as also pay the cost of this litigation which has been virtually thrust upon the petitioner on account of the non payment of retirement benefit till the date of filing of this writ petition.

iii. For any other relief/reliefs to which the petitioner is found entitled in the facts and

Patna High Court CWJC No.13285 of 2011 dt.28-02-2018 2/2 circumstances of this case."

3. In terms of the stand taken and materials brought in the counter affidavit filed on behalf of respondents no. 1 to 8, it transpires that the authorities have paid the admitted retiral dues of the petitioner in terms of the punishment order passed against him under Rule 43(b) of the Bihar Pension Rules, 1950. Copy of the counter affidavit was served on learned counsel for the petitioner on 16.10.2014 and no rejoinder to the same has been filed.

4. At this juncture, Mr. Vijay Kumar Verma, learned counsel on record for the petitioner submitted that 'No Objection' has been taken from him by the petitioner.

5. Be that as it may, in view of the position recorded above, the writ petition stands dismissed.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U