Patna High Court
Raghwendra Lal Karn vs The State Of Bihar on 5 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10448 of 2023
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Raghwendra Lal Karn Son of Late Babuchand Lal Karn, resident of village -
Birauli, P.O. - Janakpur Road, Police Station - Pupari, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Education Officer, Sitamarhi.
4. The District Programme Officer, (Establishment), Sitamarhi.
5. The Treasury Officer, Sitamarhi.
6. The Accountant General, Bihar, Patna.
7. The Senior Accounts Officer, Office of Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Sagar Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (GP-17)
Mr. Arbind Kumar, AC to GP-17
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 05-10-2023
Heard Mr. Ram Sagar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Kameshwar
Kumar, learned GP-17 for the State.
Re: Interlocutory Application No. 01 of 2023
2. Learned counsel appearing on behalf of the
petitioner submitted that the original petitioner had died on
30.08.2023 during the pendency of the present writ petition and
Patna High Court CWJC No.10448 of 2023 dt.05-10-2023
his heirs are required to be substituted in his place as mentioned
in paragraph no. 2 of the Interlocutory Application.
3. Considering the statement made in the
Interlocutory Application and affidavit, the Interlocutory
Application No. 01 of 2023 is allowed.
Re: CWJC No. 10448 of 2023.
4. Learned counsel appearing on behalf of the State
refers to the order contained in Memo No. 242 dated 20.01.2023
(Annexure-9 to the writ petition) issued by the District
Programme Officer (Establishment), Sitamarhi, and submitted
that in light of the judgment dated 23.09.2022 passed in CWJC
No. 2783 of 2021 (Chandrakant & Ors. v. the State of Bihar &
Ors.) and other analogous cases, the District Programme Officer
(Establishment), Sitamarhi, has taken steps not to recover from
the pension of the petitioner or any pensionary benefit and as
such the present writ petition is fit to be dismissed on this
ground.
5. I have perused the Memo No. 242 dated
20.01.2023 from which it appears that the authorities have taken
steps by way of interim measure not to recover any amount
from the pension of the petitioner or from any pensionary
benefit given to the petitioner, however, it is made clear that my
Patna High Court CWJC No.10448 of 2023 dt.05-10-2023
final decision which are required to be taken must be in
consonance with the law laid down by the Apex Court and this
Hon'ble Court.
6. Accordingly, the present writ petition is disposed
of with a direction that the Letter No. 2938 dated 22.12.2021
has lost its force. The competent authority is directed to take
steps in accordance with law.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 12.10.2023
Transmission Date N/A
