IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3673 of 2006 SUDARSHAN SINGH Versus THE STATE OF BIHAR & ORS ---------- 2. 6.5.2010. Heard Mr. Arvind Kumar for the petitioner, Mr. N.K.Sinha, learned AAG-10 for the State and Mr. Ranjan Kumar representing the Accountant General. The petitioner superannuated from the post of Assistant Teacher with effect from 31.7.2005 from Primary School, Dosiyan, P.S. Naubatput in the district of Patna. The writ petition was filed for payment of post retiral benefits as found admissible to the petitioner and which have been set out in para-1 of the writ petition. Counter affidavits has been filed on behalf of the Accountant General as well as on behalf of respondent no.3 the District Superintendent of Education, Patna. In the counter affidavit filed on behalf of the District Superintendent of Education, Patna, more particularly in para-5, the details of payment made to the petitioner have been set out and relates to payment towards group insurance, provisional gratuity, provisional pension, unutilised earned leave salary and 2 provident fund amount. It is next submitted that the final pension and gratuity has also since been authorized by the Accountant General, copy whereof has been placed at Annexure-B series to the counter affidavit of the District Superintendent of Education, Patna. It is thus contended that the grievance of the petitioner has been redressed. Mr. Ranjan Kumar, appearing for the Accountant General submits that, in fact, the final gratuity authorized by the Accountant General is lesser than the provisional gratuity allowed by the State and thus the petitioner has received excess amount by way of gratuity. He further submits that the Accountant General has since also authorized the commuted value of pension to the petitioner. Having regard to the statements made in the counter affidavits as also submissions of the learned counsel for the respondents, nothing survives in the writ petition and it is disposed of. ahk (Jyoti Saran, J.)