IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10397 of 2006 RAMBALI RAM son of late Sahdeo Ram, resident of village Rupsagar, P. S.- Nawanagar, District- Buxar…. Petitioner. Versus 1. THE STATE OF BIHAR, through the Secretary, Irrigation Department, Govt. of Bihar, Patna. 2. The District Magistrate, Buxar. 3. The Deputy Collector, Revenue Division, Buxar. … Respondents. ----------- 2. 04.05.2010 No one appears for the petitioner. However, counsel for the State is present. In this writ petition the petitioner has made following prayer:- “1. That this application is for a direction to the concerned respondents to make payment of retiral dues of the petitioner as the gratuity amount of the petitioner has not been paid till date though the petitioner has already been retired from the service with effect from 31.10.2003 vide official memo no. 486 dated 14.8.2003 issued by the respondent no. 3. This application is further for a direction to the concerned respondents to fix pension of the petitioner forth with by issuance of an appropriate writ, order or direction/s as your lordships may deem fit and proper.” From the counter affidavit filed by the respondents it would transpire that after obtaining pension paper from the petitioner on 15.2.2006 the same had been sent to the Accountant General on 30.3.2006 and 2 thereafter pension and gratuity has already been sanctioned as would be also borne out from Annexure A and B to the counter affidavit. That being so, the grievance of the petitioner as with regard to payment of retiral benefit stands settled as is clearly asserted in paragraph 14 of the counter affidavit which reads as follows:- “14. That further it is appropriate to point out to be made clear that the all retiral benefits of the petitioner have been sanctioned and most of them have been paid to the petitioner earoier by the then Deputy Collector, Buxar. Monthly pension and the gratuity will be paid by the Treasury, Buxar for which the Treasury Officer, Buxar has been requested by the authority concerned. A bill for the arrear of differences of pay amounting to Rs.15,937/- on account of revision of pay on 1.1.1996 has also been drawn from the Treasury and the same has been paid to the petitioner vide Cheque No. 0040732 dated 9-9-2006. As such the grievances of the petitioner has been redressed by the authority concerned. A statement showing the details of the retiral benefits of the petitioner.” In support of the aforementioned averments, respondents have also enclosed a calculation sheet by way of Annexure- D which goes to show that all the admissible 3 amount has already been paid to the petitioner. In that view of the matter, since all the retiral benefits have already been paid, this writ petition has become infructuous and is dismissed accordingly. Kanchan (Mihir Kumar Jha, J.)