IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10005 of 2003 BALINDRA PRASAD SINGH son of late Basupal Prasad, resident of Mainpura, Police Station Shri Krishna Puri, District Patna. At present posted as the Assistant Teacher in the Government Primary School, Kansary Tola, Sheikhpura Under Punpun Circle, Police Station Punpun, District Patna. Versus 1. THE STATE OF BIHAR through the District Superintendent of Education, Patna. 2. The Block Development Education Officer, Punpun, District Patna. ----------- 3 17.09.2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reading as follows:- “That this is an application for grant of payment of due salary Cum compulsory Retirement and Triple Benefit Scheme (Pension, Gratuity, Provident Fund) as per Rules and Regulation provided in the Bihar Elementary school Education Act.” stands duly answered in the counter affidavit, copy whereof was served on the counsel for the petitioner on 11.8.2010. In the said counter affidavit it has been made clear that the petitioner could not qualify for acceptance of his voluntarily retirement as he had not completed 20 years of service as required under Rule 74 of the Bihar Service Code. It has also been stated that the petitioner was absenting continuously from duty from September, 2001 and therefore his prayer for voluntarily retirement or payment of salary etc. could not have been entertained. As with regard to claim of full payment of pension the 2 respondents have explained that his admissible post retirement benefit has already been paid and that he is also a retired Army personnel and therefore when he himself has not given details of his pensionary benefit received from the Central Government, he could not have asked for further amount of retirement benefits including monthly pension beyond what has already been given to him in accordance with law. Such clear stand taken in the counter affidavit despite service of its copy on learned counsel for the petitioners has not been replied by the petitioner by filing any rejoinder affidavit and therefore the prayers made in this writ application on the basis of uncontroverted facts mentioned in the counter affidavit must be held to be wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)