Petitioner sought retirement benefits and quashing of removal order. Court noted petitioner's death and disposed of the withdrawn petition, granting liberty to rightful claimants.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23924 of 2018
======================================================
Nasimullah Khan Son of Late Nesharullah Khan R/o Village-Chawani, P.S.Bettiah Town, District-West Champaran, Bihar
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Amit Pandey, Advocate For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-10-2020 Petitioner has prayed for the following relief(s):-
“i)To issue a order/ direction/ appropriate writ to the respondents to grant retirement benefits including pension, gratuity, leave encashment and commutation of pension to the petitioner; And/or
ii) To declare the order dated 22.08.1997 passed by the Divisional Mechanical Engineer (Power), Samastipur Division whereby and where under the Petitioner has been removed from the service as contrary to law; And/or
iii) To declare the order dated 03.04.2012 passed by the Divisional Mechanical Engineer (Power), Samastipur Division whereby and whereunder the retirement benefit i.e. Gratuity, Pension,
Patna High Court CWJC No.23924 of 2018(3) dt.08-10-2020 2/2
Pension commutation and Leave encashment of the Petitioner has been withheld as contrary to law.
iv) To grant any other relief or reliefs to which the petitioners are entitled in the facts and circumstances of the case.”
Learned counsel states that the petitioner has died. As
such, permission be granted to file a fresh petition substituting the name of the petitioner as also placing additional material on record.
Petition is disposed as withdrawn.
Liberty granted to file a fresh petition by rightful
claimants on the same and subsequent cause of action.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
U
Nasimullah Khan
Union Of India
Divisional Railway Manager, Samastipur Division, Samastipur
Divisional Mechanical Engineer Power, Samastipur Division, Samastipur
Loco Foreman, Narkatiyaganj
Chief Justice
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
