IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3997 of 2003 SMT.SEEMA DEVI & ANR Versus THE STATE OF BIHAR & ORS ----------- 19/ 04.11.2009 Heard learned counsel appearing on behalf of the petitioners and Mr. Nirmal Kumar, learned G.P. 4 appearing for the State of Bihar and Mr. Satendra Dutt Mishra, learned junior counsel to Mr. Dhruv Mukherjee appearing for the State of Jharkhand. Pursuant to the order dated 17.5.2004, a supplementary affidavit was filed on behalf of the State of Bihar on 19.7.2004 and in which it was stated that the family pension and gratuity had been sanctioned and had been sent to the Accountant General for necessary authorization. It was also stated that group insurance amount of Rs. 96,000/- was paid to the petitioner on 17.6.1996, an amount of Rs. 10,368/- was paid to the petitioner against the unutilized leave and some amount towards arrears of pay for the period 12.2.1992 to 30.3.1993 has been paid to the petitioner. It was further stated that subsistence allowance for the period June, 1993 to 15.11.1993 for a sum of Rs. 8,085/- and Rs. 809/- has been paid to the petitioner. It was stated that as regards the recovery of Rs. 1,56, 975/-, the respondent Commissioner-cum-Secretary, Water Resources 2 Department, Government of Bihar has asked his counter part in Jharkhand not to recover the said amount and accordingly, family pension and gratuity have been sanctioned by the Water Resources Department, Government of Jharkhand. It has been stated that the petitioner has already been paid Rs. 1, 71, 095/- on 17.11.2003 and Rs. 26,595/- on 15.11.2003 against provisionally sanctioned pension and gratuity. Learned counsel appearing for the State of Bihar, in view of the aforesaid position, submits that nothing survives in the present proceedings in view of the categorical assertion made in the supplementary counter affidavit. The supplementary counter affidavit was filed in this Court on 19.7.2004 and a copy thereof was also received by the petitioner on 20.7.2004 but no further affidavit has been filed controverting the statement made in the supplementary counter affidavit. In view of the aforementioned position, no useful purpose would be served in keeping this mater pending in this Court. This writ application is disposed of in the light of the statement made by the State of Bihar in the Supplementary counter affidavit with a liberty to the petitioner to file any representation before the appropriate 3 authority if she feels aggrieved by any of the calculation or if any further grievance subsists in this regard. Writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)