IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6213 of 2006 RAM BALIHARI PASWAN, aged about 60 years son of late Hiraman Paswan, resident of village Repura, P. S. Sakra, District Muzaffarpur… Petitioner. Versus 1. THE STATE OF BIHAR 2. The Accountant General, Bihar, Patna. 3. The Director Land Records and Measurements, Bihar, Patna. 4. The Director Consolidation, Bihar, Patna. 5. Deputy Director Consolidation, Muzaffarpur. 6. Assistant Director, Department of Survey Guljarbagh, Patna-7. 7. Consolidation Officer, Bochahan, District Muzaffarpur. …. Respondents. ----------- 2. 14.05.2010 Heard counsel for the petitioner, counsel for the State as also counsel for the Accountant General. The counsel for the petitioner very fairly submits that whatever the retiral benefit was admissible and payable to the petitioner has already been paid but there seems to be a wrong fixation of his pension in the pay- scale of mate though he was entitled for his fixation of pension in the pay-scale of Chainman. Counsel for the petitioner however could not explain this fact that such anomaly if any in the designation and pay-scale had occurred way back in the year 1999 on account of its refixation why the petitioner did not take any remedial action in his service period. Moreover, at this stage, the entitlement of the pay-scale cannot be made subject matter of retiral benefit specially 2 when, the petitioner has already been paid all dues of retiral benefit. At this stage, when this writ petition was going to be dismissed, counsel for the petitioner seeks leave of this court to withdraw this writ petition in order to move the competent authority as with regard to redressal of his aforementioned grievance pertaining to fixation of pension in the pay-scale of Chainman. This Court, without expressing any opinion on the merit of such claim of the petitioner, would simply allow him to withdraw this writ petition. That being so, this writ petition is dismissed as withdrawn with the aforementioned liberty. kanchan (Mihir Kumar Jha, J.)