Patna High Court
Surendra PaswanversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is disposed of as withdrawn.
Summary
The petitioner, a peon (IV grade) employed since 1999, filed a writ petition seeking equal pay, regularisation of service, reinstatement, and relief from being restrained from work without notice. He also requested the court to direct the respondents to consider his grievances. During the hearing, the petitioner’s counsel sought permission to withdraw the application to instead file a representation before the Sub‑Divisional Officer. The court allowed the withdrawal, disposing of the application as withdrawn and directing the respondent to decide the representation within two months. The court expressly stated it did not adjudicate the merits of the petitioner’s substantive claims.
Issues considered
- Whether the writ application seeking equal pay, regularisation, reinstatement and relief from restraint should be entertained or withdrawn.
Subjects
- equal pay
- regularisation of service
- reinstatement
- writ petition
- withdrawal
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1279 of 2017
======================================================
Surendra Paswan S/o Late Chandra Paswan, R/o Alipur, P.S.-Dulhin Bazar,
District-patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Patna.
3. The Sub-Divisional Officer, Paliganj, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Abdus Shakoor
For the Respondent/s : Mr.S.S Prasad -Sc8
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 06-01-2026 1. The petitioner has filed the instant application for
the following reliefs:
“(i) For direction upon the respondents to dues
pay of equal pay for equal work to the petitioner
with effect from 30.3.2001 to 24.01.2008 on
wards with interest which has been continuously
working as peon (iv grade) in the office of the
Sub-Divisional officer, Paliganj, Patna.
(ii) For direction to the respondent to take into
consideration the regularization of the service to
the petitioner which has been working as peon
(IV grade) in the office of Sub- Divisional officer,
Paliganj Patna on the basis of daily wages since
1999 year.
(iii) For direction the respondent to reinstate of
the petitioner on the post of peon in the office of
Sub Divisional Paliganj, Patna in which has
Patna High Court CWJC No.1279 of 2017(6) dt.06-01-2026
2/2
restrained the petitioner from further function in
the office by the respondents no.3 S.D.O without
any reason and without any notice for the
petitioner.
(iv) For issuance of direction for which petition
may be entitled in the facts and circumstances of
this writ petition.”
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw this application to file a
representation before the Sub-Divisional Officer, Paliganj, Patna
(respondent no.3) for the grievances raised in the instant
application.
3. In view of the above, the instant application is
disposed of as withdrawn with the aforesaid liberty.
4. In case, such a representation is filed, the
respondent concerned shall dispose of the same within a period
of two months from the date of its filing.
5. It is made clear that the Court has not entered into
the merits of the case of the petitioner which is to be decided by
the respondent concerned.
(Partha Sarthy, J)
Bibhash/-
U
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