Shankar Upadhyay v. The State Of Bihar And ORS

Patna High Court CWJC No.1999 of 2016 (3) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1999 of 2016 ====================================================== Shankar Upadhyay Son of Late Kashi Nath Upadhyay, Resident of Village - Sonbarsha, P.S. - Bairiya, District - Baliya (U.P.) .... .... Petitioner

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Gaya.

4. The Accountant General, Bihar, Patna. null null .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the State Mr. Sumant Kumar Singh, AC to GA.-2 For the Accountant General Mr. Raghwanand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-07-2017 By the present writ petition, the petitioner has prayed for issuance of a direction to the respondents to pay his pension, gratuity and other retrial dues. The petitioner, while being posted as Havaldar superannuated on 31.08.2009. A counter-affidavit has been filed on behalf of respondent no. 3, the Senior Superintendent of Police, Gaya wherein it has been stated that in the light of District Order No. 2229/2016 read with Memo No. 291/ Pension/ dated 02.09.2016 Rs.65,022/- only for the period of July 2006 to December, 2016 through bill No. 792/2016-17 and Rs.1,91,788 only for the period of April, 2007 to August 2009 through pay bill no.

Patna High Court CWJC No.1999 of 2016 (3) dt.12-07-2017 793/2016-17 have already been paid to the writ petitioner through his bank account No. 31000943104. It is further stated in the counter-affidavit that immediately after receipt of authority letter from the Accountant General, Bihar, Patna, the Senior Superintendent of Police Gaya has issued no objection certificate vide office memo no. 352/Pension/dated 22.11.2016 for payment of pension etc. to the petitioner vide PPO No. 2016550626879.

Having gone through the above contentions made in the counter-affidavit filed on behalf of respondent no. 3, the learned counsel for the petitioner sought leave to withdraw the present writ petition with liberty to file representation before the respondent authorities in case any amount is left due to the petitioner.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U