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Patna High CourtCWJC/23540/2018disposed

Raghunath Singh v. The State Of Bihar And ORS

2021-03-04Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23540 of 2018 ====================================================== Raghunath Singh son of Late Jai Narayan Singh, Resident of village and P.O. Sutihar, P.S. Derni, District- Saran at Chapra, the retired Rajaswa Karamchari, Block- Amnour, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Saran at Chapra, District Saran at Chapra. 4.

The District Treasury Officer, Saran at Chapra, District- Saran at Chapra. 5.

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

6.

The Block Development Officer, Amnour, District- Saran at Chapra. 7.

The Circle Officer, Amnour, District- Saran at Chapra. The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anita Kumari, Advocate For the State :

Mr.Rishi Raj Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 04-03-2021 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition-- "(i) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of following retiral dues of the petitioner for which he is entitled in view of

Patna High Court CWJC No.23540 of 2018 dt.04-03-2021 2/3 his retirement from service on 31.08.2018:- (a) Pension;

(b) General Provident Fund;

(c) Leave Encashment;

(d) Gratuity;

(e) Other benefits for which the petitioner is legally entitled but it has not been paid to the petitioner.

(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay the aforesaid amount to the petitioner with interest till it is actually paid to him on the ground that if the petitioner had already filed his application on 22.07.2018 for payment of his retirement benefits on the date when he has to superannuate from service after attaining the age of superannuation i.e 31.08.2018 for any delay caused in the payment of retirement benefits attributable to the respondents, the petitioner cannot be made to suffer in the evening of his life.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. At the outset itself, learned counsel for the petitioner

Patna High Court CWJC No.23540 of 2018 dt.04-03-2021 3/3 fairly states that all the retirement benefits have now been paid to the petitioner during the pendency of the writ petition and as such, the writ petition need not be pursued further.

4. Learned counsel for the State appears and has been heard.

5. Having regard to the stand of the petitioner, the writ petition stands disposed of.

(Vikash Jain, J) HR/- AFR/NAFR NAFR CAV DATE - Uploading Date 04.03.2021 Transmission Date -