IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4724 of 2006 RAM KRISHNA ROY, aged about 66 years, son of Late Anutha Roy, resident of village- Majha Dashara, P. S. Patori, District- Samastipur…. Petitioner. Versus 1. THE STATE OF BIHAR through its Commissioner-cum- Secretary to Govt. Health and Family Planning Department, Bihar, Patna. 2. The District Magistrate and Collector-cum- District Treasury Officer, Samastipur 3. Civil Surgeon cum Senior Medical, Officer, in the Department of Health and Family Planning, Samastipur. 4. Medical Officer Incharge Primary Health Centre Mohaddi Nagar, Samastipur. .. Respondents. ----------- 2. 7.05.2010 No one appears for the petitioner. Counsel for the State is present and submits that whatever payment by way of retiral benefit was admissible and payable to the petitioner has already been made. He refers to paragraph 4 of the counter affidavit which shows that the balance amount of gratuity also to the tune of Rs.2,10,926/- has already been paid. Though, a copy of such counter affidavit was served on the counsel for the petitioner on 18.5.2007, but there is no denial to the aforementioned stand taken by the respondents in their counter affidavit. That being so, this writ petition has become infructuous and is dismissed accordingly. kanchan (Mihir Kumar Jha, J.) 2