Writ petition seeking pension arrears and refund of excess payment abated as petitioners had expired without substitution.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 791 of 2011
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
09/07.02.2022
1. Learned counsel for the petitioner Mr. Vijay Bahadur Singh is present.
2. Learned counsel for the respondent-S.B.I. Mr. Rajesh Kumar is also present.
3. The present writ petition has been filed for the following reliefs: -
“(i) For issuance of a writ in the nature of Mandamus Commanding upon respondents to pay pension with arrear of pension in terms of sixth pay commission recommendations;
(ii) For issuance of a writ in the nature of mandamus commanding upon respondents not to recover any amount from the pension of petitioners and to refund the recovery amount with interest as any excess payment made to petitioners has been made on account of their negligence and not due to any misrepresentation on part of petitioners; And
(iii) For such other order / orders as YOUR LORDSHIPS may deem fit and proper in the facts and circumstances of the case.”
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4. Learned counsel for the petitioner submits that he does not have any instruction in the present case.
5. Learned counsel for the respondent-S.B.I. submits that both the petitioners have expired. However no petition for substitution has been filed .
6. Considering the aforesaid submissions, the present petition is treated as abated.
7. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
Jagdish Das
Ratan Chandra Rakshit
Union of India
State Bank of India
Anubha Rawat Choudhary
As recorded by the court registry
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