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Patna High CourtCWJC/7274/2014disposed

Chandra Mohan v. The State Of Bihar And ORS

2018-06-20Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7274 of 2014 =========================================================== Chandra Mohan, Son of Sri Parmeshwar Prasad Singh, resident of Village + P.O.+P.S.- Khajauli, District- Madhubani, Pin Code- 847228. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Co-operative, Vikash Bhawan, New Secretariat, Government of Bihar, Patna- 800001.

3. The Registrar Co-operative Society, Vikash Bhawan, New Secretariat, Government of Bihar, Patna- 800001.

4. The District Co-operative Officer, Darbhanga.

5. The Assistant Registrar, Co-operative Societies, Benipur Circle At & P.O. Benipur, District- Darbhanga.

6. The Treasury Officer, Madhubani, At P.O. Madhubani, District- Madhubani.

7. The Accountant General (A & E), Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Labh, Ms. Kumari Archana @ Archana Sinha and Mr. Shyam Kant Singh, Advocates For the State :

Mr. K. P. Gupta, G.P. 10 For the Accountant General :

Mr. Ranjan Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-06-2018 Heard learned counsel for the petitioner; State and Accountant General.

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

"That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions upon the respondents to pay following retiral dues of the petitioner:-

1. Pension Rs. 3600 + admissible D.R. and other benefits since 1.4.2012.

2. D.C.R. Gratuity Rs. 118784.

3. Commuted value of pension Rs. 141592.

4. 18% Penal interest since 1.4.2012 on all the payable amount till date of payment.

5. Direction on the respondent concerned to issue

Patna High Court CWJC No.7274 of 2014 dt.20-06-2018 2/2 no dues certificate and forwarding the same be send to T.O. Madhubani.

6. Revision of retiral dues taking into account of entire service period 7.10.1978 to 31.3.2012, 33 years 5 months 24 days. In the light of judgment reported in 1998 (8) SCC-218 State of Bihar Vs. Bihar Rajya Sahakari Prabandhak Seva Sangh.

7. Any other relief / reliefs as the petitioner may be entitled on the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioner submitted that in terms of the liberty given to him by the Hon'ble Supreme Court by order dated 22.01.2013 in Special Leave to Appeal (Civil) No. 23505 of 2010, he has filed a representation before the State Government on 23.08.2013. It was submitted that the same has still not been considered and disposed off. Learned counsel submitted that as the same is almost five years old, he may be permitted to withdraw the writ application to enable him to file a fresh representation for consideration in terms of the order of the Hon'ble Supreme Court.

4. Learned counsel for the respondents do not oppose.

5. Having regard to the aforesaid, the writ petition stands disposed off as withdrawn with liberty aforesaid. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U