Petitioner died; date of death undisclosed. Application for full pension denied as underlying departmental order remains upheld. Premature application disposed of.
The application being premature was disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.479 of 2009
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Manobendra Bhattacharjee, son of Late Kali Pada Bhattacharjee, resident of Mohalla-Yerpur, Kachchi Talao, gardanibagh, P.S.-Gardanibagh, DistrictPatna, now residing at 50/3, Bouripara Road, Shastitala Bye Lane Shiv Tala, Sheoraphuli, P.S.-shrirampur, District-Hoogly, West Bengal-712223.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. =====================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
3. 08.01.2015 Heard learned counsel for the parties.
It is informed at the Bar that the petitioner has died but the date of his death has not been disclosed before the Court.
From the pleading it appears that full pension of the petitioner has not been released in view of the order passed against him in the departmental proceeding which has been upheld in Appeal filed by the petitioner. However, the same is said to have been challenged before this Court.
In view of the aforesaid, unless the order passed against the petitioner in the departmental proceeding is set aside, the full pension of the petitioner cannot be granted
Patna High Court CWJC No.479 of 2009 (3) dt.08-01-2015
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to him. Accordingly, the application being premature stands disposed off. (Ahsanuddin Amanullah, J.)
P. Kumar
U
2 issues framed by the court
Whether an application for pension release can be granted while the underlying departmental proceeding order remains subsistent.
Whether a writ application is maintainable when the petitioner has died without disclosing the date of death.
Manobendra Bhattacharjee
State of Bihar
Secretary-cum-Agriculture Production Commissioner, Agriculture Department, Government of Bihar
Director, Soil Conservation, Government of Bihar
Deputy Director (Admn.), Soil Conservation, Government of Bihar
Ahsanuddin
Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
