Patna High Court
Binod Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The writ petition is dismissed as it has become infructuous.
Summary
The petitioner, Binod Kumar Sharma, filed a writ petition seeking a direction to the State of Bihar to fix his retiral benefits and pension with an additional increment effective from 30-06-2023. During the pendency of the petition, the petitioner’s grievances were resolved by the respondents. The petitioner’s counsel then submitted that the relief sought had already been granted, rendering the petition infructuous. The Court examined the claim of infructuity and found that the relief sought was indeed satisfied. Consequently, the Court dismissed the writ petition as infructuous.
Issues considered
- What is the appropriate course of action when a writ petition becomes infructuous because the relief sought has already been granted?
Subjects
- retirement benefits
- pension
- writ petition
- infructuous petition
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18003 of 2023
======================================================
Binod Kumar Sharma Son of Late Sukeshwar Choudhary Resident of Dak
Bungalow Road, P.S.- Nagar Thana, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Additional Chief Secretary, Health Department, Government of Bihar,
Patna.
3. The Deputy Secretary, Health Department, Government of Bihar, Patna.
4. The Superintendent Cum Civil Surgeon, Sadar Hospital, Begusarai.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Sharma
For the State : Mr. Arvind Kumar, AC to GA-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The present writ petition has been filed for the
following relief:-
(i) For issuance of an appropriate writ
for commanding and directing the
respondents to fix the retiral benefits
and pension after adding one
increment which accrue to the
petitioner on 30.06.2023 on date he
superannuated.
3. At the outset, the learned counsel for the petitioner
submits that during pendency of the writ petition, the grievances
of the petitioner have been redressed, therefore, the writ petition
has become infructuous.
Patna High Court CWJC No.18003 of 2023(2) dt.06-02-2026
2/2
4. Accordingly, the present writ petition stands
dismissed as having become infructuous.
(Ritesh Kumar, J)
AjayMishra/-
U
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