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Patna High CourtCWJC/10448/2023disposed

Raghwendra Lal Karn v. The State Of Bihar

2023-10-05Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10448 of 2023 ====================================================== Raghwendra Lal Karn Son of Late Babuchand Lal Karn, resident of village - Birauli, P.O. - Janakpur Road, Police Station - Pupari, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

3.

The District Education Officer, Sitamarhi.

4.

The District Programme Officer, (Establishment), Sitamarhi. 5.

The Treasury Officer, Sitamarhi.

6.

The Accountant General, Bihar, Patna.

7.

The Senior Accounts Officer, Office of Accountant General, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sagar Singh, Advocate For the Respondent/s :

Mr. Kameshwar Kumar (GP-17) Mr. Arbind Kumar, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-10-2023 Heard Mr. Ram Sagar Singh, learned counsel appearing on behalf of the petitioner and Mr. Kameshwar Kumar, learned GP-17 for the State.

Re: Interlocutory Application No. 01 of 2023

2. Learned counsel appearing on behalf of the petitioner submitted that the original petitioner had died on 30.08.2023 during the pendency of the present writ petition and

Patna High Court CWJC No.10448 of 2023 dt.05-10-2023 2/3 his heirs are required to be substituted in his place as mentioned in paragraph no. 2 of the Interlocutory Application.

3. Considering the statement made in the Interlocutory Application and affidavit, the Interlocutory Application No. 01 of 2023 is allowed.

Re: CWJC No. 10448 of 2023.

4. Learned counsel appearing on behalf of the State refers to the order contained in Memo No. 242 dated 20.01.2023 (Annexure-9 to the writ petition) issued by the District Programme Officer (Establishment), Sitamarhi, and submitted that in light of the judgment dated 23.09.2022 passed in CWJC No. 2783 of 2021 (Chandrakant & Ors. v. the State of Bihar & Ors.) and other analogous cases, the District Programme Officer (Establishment), Sitamarhi, has taken steps not to recover from the pension of the petitioner or any pensionary benefit and as such the present writ petition is fit to be dismissed on this ground.

5. I have perused the Memo No. 242 dated 20.01.2023 from which it appears that the authorities have taken steps by way of interim measure not to recover any amount from the pension of the petitioner or from any pensionary benefit given to the petitioner, however, it is made clear that my

Patna High Court CWJC No.10448 of 2023 dt.05-10-2023 3/3 final decision which are required to be taken must be in consonance with the law laid down by the Apex Court and this Hon'ble Court.

6. Accordingly, the present writ petition is disposed of with a direction that the Letter No. 2938 dated 22.12.2021 has lost its force. The competent authority is directed to take steps in accordance with law.

(Purnendu Singh, J) Niraj/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 12.10.2023 Transmission Date N/A