Sita Ram Paswan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 4420 of 2017 ====================================================== Sita Ram Paswan Son of Late Moti Paswan, resident of village - Sagarpur, P.S. Sakri, District - Madhubani ... ... Petitioner/s

Versus

1.

The Union Of India represented through A G Bihar, Bir Chand Patel Path, Patna - 1.

2.

The District Magistrate, Madhubani 3.

Senior Deputy Collector, Madhubani 4.

Senior Treasury Officer, Madhubani.

5.

The Circle Officer Pandaul, District - Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Gopal Jha, Advocate For the S t a t e :

Ms Anuradha Singh, SC XXI For the A G :

M/s Kr Priya Ranjan, Pallav, Advocates ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2021 Heard learned counsel for the petitioner and the respondents.

The petitioner is claiming pensionary dues of his father who retired as Chaukidar way back on 31.06.2001. Father of the petitioner passed away on 14.11.2004. The writ petition has been filed 16 years after he retired and 13 years after he died claiming his lifetime pensionary benefit dues. The respondents have filed a counter affidavit and a supplementary counter affidavit. The last supplementary counter affidavit clearly states that the calculation of pension from 2001 to 2004, payable to the father of the petitioner came

Patna High Court CWJC No.4420 of 2017(6) dt.13-01-2021 2/2 to Rs 83,845/-. It is specifically stated that Rs 64,051/- was already paid to the father of the petitioner and an amount of Rs 19,794/- was subsequently sanctioned in view of Annexure 2 to the writ petition, i e, the Office Order issued by the Circle Officer, Pandaul. The specific averments have been made that this balance amount of Rs 19,794/- and Gratuity amounting to Rs 1,000/- have also been paid to the petitioner. The specific stand taken by the Respondent-State in the counter affidavit with details, taken note of hereinabove, have not been denied or disputed by filing any reply or rejoinder by the petitioner.

The writ petition stands disposed of since the admitted dues of the petitioner's father have already been paid. (Madhuresh Prasad, J) M.E.H./- U