Patna High CourtC. REV./178/2018allowed

Gauri Shankar Prasad v. The State Of Bihar And ORS

2018-12-19Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.178 of 2018 arising out of Civil Writ Jurisdiction Case No.8085 of 2015 ====================================================== Gauri Shankar Prasad, son of Late Manbodh Prasad, Resident of village Panditpur, P.S.- Basantpur, District- Saran (Chhapra), At present resident of Prabha Niketan, Kanulal Road, Mithapur, P.S.- Jakkanpur, District- Patna, Pin-800001 ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, General Administrative Department, Bihar, Patna.

2. Additional Secretary, General Administrative Department, Govt. of Bihar, Patna.

3. Principal Secretary, Finance Department, Govt, of Bihar.

4. Under Secretary (Accounts), Finance Department, Govt. of Bihar.

5. Accountant General Bihar, Birchand Patel Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the State :

Mr. Saroj Kumar Sharma, AC to AAG-3 For the Accountant General :

Mr. Raghwanand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-12-2018 Nobody appears on behalf of the petitioner. Learned counsel for the State and Accountant General are present.

2. The present application has been filed by the petitioner for review/recall of order dated 17.05.2018 passed in C.W.J.C. No. 8085 of 2015, by which the writ petition was dismissed.

3. Though, the petitioner is appearing in person and the case was listed today upon motion slip filed by him, but today, when the case was taken up and heard, he was not present.

Patna High Court C. REV. No.178 of 2018 dt.20-12-2018 2/2

4. Having gone through the averments made in the application and keeping in mind the fact that the writ petition was for payment of retiral benefits, which according to the petitioner was not paid to him since his retirement in the year 1997 and still the grievance of the petitioner subsisting, the Court considers it to be in the interest of justice to recall the order of dismissal.

5. Accordingly, the order dated 17.05.2018 passed in C.W.J.C. No. 8085 of 2015, stands recalled.

6. The writ petition stands restored to its original file and number to be placed before the appropriate Bench as per roster.

7. The application stands allowed.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U T