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Patna High CourtCWJC/19222/2019disposed

Vijay Kumar Sharma, v. The State Of Bihar

2020-02-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19222 of 2019 ====================================================== Vijay Kumar Sharma (Male), aged about 67 years, Son of Late Sukhdeo Sharma, Resident of Village-Marg, Vijay Bhawan, Sri Krishnapuri, P.O.- Kashipur, P.S.-Samastipur, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, (Higher Education) Department, Government of Bihar, Patna.

2.

The Director, (Higher Education), Government of Bihar, Patna. 3.

The Director, Rural Institute of Higher Studies at Birauli, P.S.-Pusa, DistrictSamastipur. 4.

The Accountant General, Bihar, Veer Chandra Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kripa Nand Jha, Advocate For the State :

Mr. Madhaw Prasad Yadaw, GP 23 For the Rural Institute at Birauli :

Mr. Shashi Bhushan Singh, Advocate For the Accountant General :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-02-2020 Heard learned counsel for the petitioner; learned GP 23 for the State; learned counsel for the respondent no. 3 and learned counsel for the Accountant General.

2. Supplementary counter affidavit has been filed on behalf of respondent no. 3 and counter affidavit has been filed on behalf of respondents no. 1 and 2.

3. From the same, it transpires that the admitted retiral benefits of the petitioner have been paid.

Patna High Court CWJC No.19222 of 2019 dt.06-02-2020 2/2

4. The same is not disputed by learned counsel for the petitioner. However, it was submitted that the grievance with regard to benefit of ACP still remains.

5. Be that as it may, since retiral benefits have been paid, the Court does not feel inclined to keep the present matter pending.

6. Learned counsel for the petitioner submitted that he may be permitted to represent the matter to the authorities concerned with regard to such payment.

7. Having regard to the aforesaid, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation with regard to his claim of ACP before the respondent no. 2. If the same is done within four weeks from today, the respondent no. 2 shall look into the matter and pass a reasoned order within four weeks from the date of filing of the representation. If any amount is found due and payable to the petitioner, the same shall also be paid within four weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T