Patna High Court
Md. EhteshamuddinversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is disposed of as withdrawn, with liberty to the petitioner to raise his claims through representation before the respondents.
Summary
The petitioner, Md. Ehteshamuddin, filed a writ of mandamus seeking that the Rural Works Department grant him the same benefits as Ramanand Das from the date of Das's promotion, based on an order dated 16 June 2017. After hearing, the petitioner requested to withdraw the writ and instead pursue his claims regarding pay scale and benefit periods through representations before the department. The court allowed the withdrawal of the writ application and granted the petitioner liberty to raise his points via appropriate representation. No substantive merits of the original claim were decided. The application was therefore disposed of as withdrawn.
Issues considered
- What is the appropriate remedy for the petitioner seeking parity of benefits with Ramanand Das?
- Can a petitioner withdraw a writ application after filing, and what liberty, if any, may be granted?
Subjects
- writ jurisdiction
- mandamus
- withdrawal of application
- civil service benefits
- representation
- Rural Works Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1315 of 2022
======================================================
Md. Ehteshamuddin son of Late Nazamuddin, resident of Village-Kolhua,
P.S.-Madhaur, District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Works Department,
Bihar, Patna.
2. The Chief Engineer-4, Rural Works Department, Bihar, Patna.
3. The Superintending Engineer, Advance Planning Circle, Rural Works
Department, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhu Nath Pathak, Advocate
For the Respondent/s : Mr. Kumar Alok, S.C.-7
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“That by this application, the Petitioner is
invoking the writ jurisdiction of this Hon'ble Court in
the nature of Writ of Mandamus for directing the
Respondents to give benefit w.e.f. the date of promotion
of Ramanand Das in view of Order No. 50 dated
16.06.2017 issued under Memo No. 199 dated
16.06.2017 by the Superintending Engineer, Advance
Planning Circle, Rural Works Department, Bihar,
Patna.”
3. Having argued for sometime and having heard the
observation of this Court, learned counsel for the petitioner
Patna High Court CWJC No.1315 of 2022(4) dt.02-04-2026
2/2
submits that he be permitted to withdraw the instant application
with liberty to raise the points with respect to grant of pay scale
similar to that of Ramanand Das, Peon as also with respect to
counting of the period for grant of benefit under the A.C.P. and
M.A.C.P. schemes to the petitioner by filing appropriate
representation before the respondent authorities.
4. The writ application is disposed of as withdrawn
with the aforesaid liberty.
(Partha Sarthy, J)
Saurabh/-
U
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