Patna High CourtMJC/4931/2014allowed

Rishikesh Mishra v. The State Of Bihar And ORS

2016-11-30Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4931 of 2014 In Civil Writ Jurisdiction Case No. 116 of 2012 ======================================================

1. Rishikesh Mishra son of Late Jhingur Mishra resident of village - Mala, P.O. - Gurukul Mehia, P.S. - Chhapra Mofassil, District - Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through the Director (Primary Education), Human Resources Development Department, Bihar, Patna.

2. The District Education Officer, Saran at Chapra.

3. The District Programme Officer (Establishment), Saran at Chapra.

4. The District Provident Fund Officer, Saran at Chapra.

5. The Treasury Officer, Chapra.

6. The Block Education Extension Officer, Maker, Saran.

7. The Accountant General, Bihar, Patna

8. The Drawing and Disbursing Officer-cum-Headmaster, Middle School, Piprahi, Sonaho, Saran.

.... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Respondent/s : Mr. Mithilesh Kumar Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-11-2016 Heard.

The application seeks restoration of CWJC No. 116 of 2012 which stood dismissed for non-compliance of the order dated 18.05.2012.

Mr. Tiwary states that copy of the supplementary affidavit was ready and, in fact, served on the State Counsel on 18.05.2012. However, the same could not be filed. As soon as the petitioner became cognizant of the said order, the application for restoration was filed.

Patna High Court MJC No.4931 of 2014 (3) dt.30-11-2016 2/2 The writ application is for payment of the post retiral benefits of the petitioner. It is stated that the affidavit as required under the said order shall be filed by tomorrow. In that view of the matter, the restoration petition is allowed subject to the above as also payment of cost of Rs. 250/- (Two Hundred Fifty) with the Patna High Court Legal Aid Committee and filing receipt thereof within ten days. (Kishore Kumar Mandal, J) Shyam/- U