Sikkim High Court

WP(C)/29/2021 of GANGA RAM SAPKOTA Vs STATE OF SIKKIM AND ORS. on 20 April 2022

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COURT OF SIKKIM Record of proceedings W.P. (C) No.29 of 2021 GANGA RAM SAPKOTA .... PETITIONER VERSUS STATE OF SIKKIM & ORS. .... RESPONDENTS Date: 20.04.2022 CORAM HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J. For Petitioner : Mr. B. Sharma, Senior Advocate with Mr. Safal Sharma,

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W.P. (C) No.29 of 2021

GANGA RAM SAPKOTA

.... PETITIONER

VERSUS

STATE OF SIKKIM & ORS.

.... RESPONDENTS

Date: 20.04.2022

CORAM

HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.

For Petitioner : Mr. B. Sharma, Senior Advocate with Mr. Safal Sharma, Advocate.

For Respondents : Dr. Doma T. Bhutia, Additional Advocate General.

Mr. S.K. Chettri, Government Advocate.

Ms. Pema Bhutia, Assistant Government Advocate.

..........

Mr. B. Sharma, learned Senior Advocate for the petitioner desires to withdraw the writ petition. He also seeks liberty to file afresh. He submits that he desires to move a representation before the Government.

Dr. Doma T. Bhutia, learned Additional Advocate General submits that the writ petition is not maintainable and therefore, no liberty should be granted to file afresh.

The stand of the Government in the reply to the additional affidavit is that the retirement benefits of the petitioner has not been finalised as yet. In fact as pointed out by the learned Additional Advocate General, by a letter dated 23.04.2021 the Department of Personnel (DOP) had sought certain required NOCs from the petitioner. In view of the same, it is clear that if the petitioner files or has already filed the required documents it would be considered and appropriate orders as per law passed.

HIGH COURT OF SIKKIM Record of proceedings The petitioner is permitted to withdraw the writ petition. No liberty can be granted to the petitioner to reagitate the issues covered by this writ petition except the issue of post retirement benefits as above. For any cause of action arising afresh he has the right to seek legal remedy available to him. The writ petition stands disposed as withdrawn.

Judge

Index: yes/Noto/ Internet: yes/No

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