Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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