Vishwanath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.600 of 2017 ====================================================== Vishwanath Singh, Son of late Sajawal Singh, Resident of VillagePrithavipur, Post Office- Vriti Bhagwanpur,Via- Satjora, Police StationPanapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principle Secretary, Department of Home Minister Government of Bihar, Patna.

2. The Accountant General of Bihar, Patna.

3. The District Magistrate Saran at Chapra.

4. The Treasury Officer Saran at Chapra.

5. The Circle Officer Mashrak, Saran at Chapra.

6. The S.H.O. of Panapur Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the State :

Mr. Kumar Vikram, AC to GA-4 For the A.G. Bihar :

Mr. L. P.K. Rajgirhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2018 None appears on behalf of the petitioner. However, learned Counsels for the State and the Accountant General are present.

The present writ application has been filed for payment of death-cum-retirement benefit amounting to Rs.1,91,866/- to the petitioner.

There is specific averment made in paragraph nos. 5

Patna High Court CWJC No.600 of 2017(2) dt.27-11-2018 2/3 and 6 of the counter affidavit, filed by Respondent Nos.3 and 5, the District Magistrate, Saran at Chapra and the Circle Officer, Mashrak, Saran at Chapra respectively, which reflects that the amount has already been paid by crediting the same in the account of the petitioner in 2013 much prior to filing of writ application, which read as under :- "5. That the answering respondents take liberty with the Hon'ble Court's permission to submit it that a lump sum amount i.e. Rs.1,90,866/- out of Rs.1,91,866/- under the head of Death-cumRetirement benefit was already paid in the writ petitioner's account by the department through Manual Treasury Bill No.121/12-13;

online Bill No.120581590; bearing Token No.2013/01/0095 dated 10.01.2013 and the amount of Rs.1,90,866/- under the said head was transferred in the State Bank Account of petitioner Sri Vishwanath Singh bearing Saving Bank Account No.30887169135 in State Bank of India, Branch Chainpur & the same may also be confirmed from the perusal of Acquittance Rolls, the details are as given below :- Sl. No.

Bill No.

Net Amount of the Bill Nature of the Bill 121/ 12Rs.1,90,866/- Death-cumRetirement Benefit (Gratuity)

6. That the rest of the due amount of Rs. 1,000/- under the Head of Death-cumRetirement benefit was transferred in the aforesaid bank account of writ petitioner, Sri Vishwanath Singh on 22.10.2013 after receiving of sanction order from the Office of Accountant General Bihar with memo

Patna High Court CWJC No.600 of 2017(2) dt.27-11-2018 3/3 no.07/Pen.120613070702/201311074393GO dated 11.07.2013, which may be confirmed from the perusal of Bank Account Statement of the petitioner dated 22.10.2013.

In view of the specific averments made in paragraph nos. 5 and 6 of the counter affidavit, the writ application stands disposed of as having become infructuous.

(Dinesh Kumar Singh, J) Ashwini/- U