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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the petitioner to withdraw the writ petition and disposed of the petition.

Summary

Santosh Kumar filed a writ petition in the Patna High Court seeking quashing of a memo that rejected his claim for regularisation as a Safai Karmachari, mandamus for regularisation, payment of pending honorarium, and withdrawal of a verbal order regarding attendance. During the hearing, the petitioner requested permission to withdraw the writ and instead pursue his remedy before the competent Labour Court. The Court considered the request and granted permission to withdraw the petition. Consequently, the writ petition was disposed of without adjudicating the substantive reliefs sought.

Issues considered

  • Whether a petitioner may be permitted to withdraw a writ petition and seek relief in a specialised forum such as the Labour Court.
  • Whether the Court should entertain the substantive reliefs sought (regularisation, honorarium, attendance register) in the absence of a pending petition.

Subjects

  • writ petition
  • withdrawal
  • mandamus
  • regularisation
  • honorarium
  • public health
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.29 of 2025
                 ======================================================
                 Santosh Kumar son of Budhan Yadav, resident of Village- Chhaparadhi, Ward
                 No. 09, P.O.- Kuadh, P.S.- Khajauli, District- Madhubani.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Additional Chief Secretary, Department of
                  Health, New Secretariat, Bihar, Patna.
           2.    The Principal Secretary, Department of Health, New Secretariat, Bihar,
                 Patna.
           3.    The Director in Chief, Department of Health, New Secretariat, Bihar, Patna.
           4.    The Director, Bihar Health Society, Sekhpura, Patna.
           5.    The Regional Deputy Director, Darbhanga Division, Darbhanga.
           6.    The Civil Surgeon cum Chief Medical Officer, Madhubani.
           7.    The Additional Chief Medical Officer, Madhubani.
           8.     The In-charge Medical Officer Primary Health Centre, Jainagar, Madhubani.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Gagandeo Yadav, Advocate
                                               Mr. Vinod Kumar, Advocate
                                               Mr. Ravi Prakash, Advocate
                 For the State          :      Mr. Ajay Behari Sinha (GA-08)
                 For the Resp. no.4     :      Mr. K.K. Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   10-03-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for the Bihar Health

                   Society.

                                 2. The present writ petition has been filed with the

                   following relief/s:-

                                        “I. For issuance of an appropriate writ(s)
                                        order(s) direction(s) for quashing the order
                                        contained in memo no. 230 dated 30.10.2024
                                        by which the claim of petitioner regarding
                                        regularization and others claim has been
                                        rejected by the incharge Medial Officer,
             Patna High Court CWJC No.29 of 2025(4) dt.10-03-2026
                                                         2/2




                                             Primary Health Centre, Jainagar Madhubani.
                                             II. For issuance of a writ of mandamus
                                             directing/commanding the respondents to
                                             regularize the services of the petitioner
                                             against      the       sanction    posts   of     Safai
                                             Karmachari         of    Primary    Health      Centre,
                                             jainagar, Madhubani which is still vacant.
                                             III. For issue a direction to the respondent
                                             authority to pay the honorarium pending
                                             before him since July 2017 to till date.
                                             IV. For that to direct the respondent to
                                             withdraw the verbal order for not making the
                                             attendance in attendance register.
                                             V. To grant any other relief/reliefs as to which
                                             the petitioner is entitled in the facts and
                                             circumstances of the case”.
                                   3. After some argument, learned counsel for the

                       petitioner seeks permission to withdraw this writ petition with

                       liberty to avail the remedy before the competent Labour Court.

                                   4. Permission is granted.

                                   5. As such, the present writ petition stands disposed

                       off with aforesaid liberty.


                                                                       (Dr. Anshuman, J)
Divyansh/-

U


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