IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5392 of 2008 UPENDRA PRASAD MISTRI, retired Garden Servant, s/o Late Hisabi Pd. Mistri, resident of village Dimaha, P. S. and District Bhagalpur…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director of Garden Bihar, Patna. 3. The District Garden Officer, Bhagalpur. 4. The Provident Fund Officer, Bhagalpur. 5. The Accountant General, Bihar, Patna. 6. The Treasury Officer, Bhagalpur. 7. The Finance Commissioner, Bihar, Patna. ………..Respondents ----------- 3. 04.05.2010 No one appears for the petitioner. However, counsels for the State and Accountant General are present. The prayer in this writ petition is for payment of retiral benefit. A stand has been taken in the counter affidavit that the admissible retiral due has already been paid. Though a copy of such counter affidavit was also served on the counsel for the petitioner on 16.9.2008, but there is no rejoinder to the said counter affidavit filed by the respondents. That being so, this writ petition has become infructuous and is accordingly dismissed. Kanchan (Mihir Kumar Jha, J.)