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Patna High Court

Binod Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

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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