IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10714 of 2006 1. Lalo Ram. 2. Bindel Ram. Both son of late Jugeshwar Ram, Resident of Village Malinagar Dhobgama, Polcie Station Chakmehshi, District Samastipur. ----------- Petitioners Versus 1. The State of Bihar. 2. The Collector, Samstipur. 3. Superintendent of Police, Samastipur. 4. Sub-divisional Officer, Samstipur. 5. The Circle Officer, Kalyanpur, Samastipur. 6. The Officer in charge, Chakmeshi P.S. Samastipur. ---------- Respondents ----------- 3 04.05.2010 Heard learned counsel for the petitioners and counsel for the State. In this writ petition, the petitioners claiming to be the heirs and legal representatives of late Jugeshwar Ram, the Government employee, have made a prayer for payment of certain retirement benefit as is enumerated in paragraph no.1 of the writ petition, which reads as follows:- “I. For a direction to the Respondents to pay to the petitioner the amount of gratuity of their father. II. For a direction to the respondents to pay to the petitioner the amount of unutilized leave encashment of their father. III. For a direction to the Respondents to pay to the petitioner the amount of G.I.S. of their father. IV. For a direction to the Respondents to pay to the petitioner the amount 2 of G.P.F. of their father. V. For a direction to the Respondents to pay to the petitioner the amount of last three months salary of their father. VI. For a direction to the Respondents to pay to the petitioner the interest upon the entire dues amount from the dates they became due till the dates of their respective payment.” The respondents have already filed counter affidavit copy whereof was served on the counsel for the petitioner on 24.1.2008 wherein a stand has been taken that the entire death-cum-retirement benefit of the father of the petitioner has already been paid as has been explained in paragraph no.5 of the counter affidavit which reads as follows:- “5. That entire death-cum-retired benefits are already been given to the petitioner vide Bill:- (i) Bill No. 54/06-07 for due Salary Rs. 14,065.00 (ii) Bill No. 55/06-07 for Leave in Cashment- Rs. 36,723.00 (iii) Bill No. 56/06-07 for Gratuity Rs. 54,080.00 (iv) Bill No. 08/06-07 for Group Insurance Rs. – 28,139.00 (v) Bill No. 19/07-08 for G.P.F. Rs. 23,709.00” There is no rejoinder to the said 3 counter affidavit though a copy thereof was served on the counsel for the petitioner on 24.1.2008. That being so, this Court would hold that each and every retirement benefit of the father of the petitioners stands settled and now nothing more has to be paid to them. Accordingly, this application has become infructuous and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)