IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5690 of 2006 RAMASHISH PANDEY Versus THE STATE OF BIHAR & ORS ----------- 3 17.05.2010 Mr. Arun Kumar Singh, learned counsel for the petitioner, Mr. Dhruba Mukherjee, learned counsel for the State of Jharkhand and Mr. A.K.Trivedi, learned A.C. to G.P.13 for the State of Bihar are present. The petitioner superannuated with effect from 31.8.2004 from the office of the Divisional Manager, Minor Forest Produce Project Division, Hazaribagh, while holding the post of Forester. A perusal of the statement made in the counter affidavit and supplementary counter affidavit demonstrates that the retiral benefits of the petitioner are being paid by the authorities of the Forest Development Corporation, Government of Jharkhand. A categorical statement has been made in paragraph 14 of the counter affidavit filed on behalf of the respondent nos. 3 and 4 mentioning therein that the said respondents were to take necessary steps for payment of the rest of the admitted post retiral dues of the 2 petitioner. The petitioner has already been paid the amount of gratuity, group insurance and E.P.F.. As the authorities competent to pay the balance retiral benefits are situate in the State of Jharkhand and no part of cause of action lies in the State of Bihar, the appropriate forum for the redressal of the claims set forth by the petitioner would be the Jharkhand High Court and not the Patna High Court. Faced with such a situation, Mr. Singh, learned counsel for the petitioner seeks permission to withdraw this writ petition, to file an appropriate application before the Jharkhand High Court as regarding the balance claims of the petitioner. Permission is accorded. The writ petition is dismissed as withdrawn. Bibhash ( Jyoti Saran, J.)