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Patna High Court

Aashish Kumar JhaversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as withdrawn, with liberty to approach the Central Administrative Tribunal within 60 days.

Summary

The petitioner, Aashish Kumar Jha, filed a writ petition seeking quashing of a departmental order that rejected his claim for regularisation as Gramin Dak Sewak and requesting his regularisation with all benefits. The Union of India objected, contending that the grievance must be pursued before the Central Administrative Tribunal (CAT). The petitioner’s counsel requested permission to withdraw the writ petition and approach the CAT. The Court granted permission to withdraw, allowing the petitioner to file a petition before the appropriate Bench of the CAT within 60 days. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether the grievance regarding regularisation of a postal employee is maintainable before the High Court or exclusively before the Central Administrative Tribunal.

Subjects

  • regularisation
  • Gramin Dak Sewak
  • writ petition
  • Central Administrative Tribunal
  • service matters
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3703 of 2022
                 ======================================================
                 Aashish Kumar Jha Son of Triveni Jha Resident of Village- Lattipur, P.S.
                 Bihpur, District Bhagalpur.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through its Secretary, Department of Communication
                 and Post, Government of India
           2.    The Chief Post Master General, Bihar
           3.    The Director, Postal Department, New Delhi
           4.    Assistant Director (Lok Shikayat), Bihar Circle, Public Grievance Office,
                 Muradpur, Patna, Bihar, 800001.
           5.    The Superintendent of Post Offices, Bhagalpur Division.
           6.    Post Master, Lattipur BO, Village & PO- Lattipur, P.S.- Bihpur, District-
                 Bhagalpur, Bihar-853201

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Nishant Kumar Sinha, Advocate
                 For the Respondent/s   :        Mr. Anshay Bahadur Mathur, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   13-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the Union of India.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      i) For issuance of an appropriate
                                            writ/writs order/orders direction/directions
                                            for quashing the order/Memo no.CPT/PM-
                                            161/Bhagalpur/18-19           wherein      the
                                            respondent no. 4 rejected the claim of the
                                            petitioner who sought regularization of his
                                            services on the post of Gramin Dak Sewak,
                                            Lattipur BO in Bhagalpur.
Patna High Court CWJC No.3703 of 2022(3) dt.13-01-2026
                                            2/3




                                               ii) For issuance of an appropriate
                                  writ/writs order/order direction/directions to
                                  the respondent authorities to regularize the
                                  services of the petitioner on the post of
                                  Gramin Dak Sewak or any other equivalent
                                  post with all consequential benefits.
                                               iii) For issuance of an appropriate
                                  declaration that even on the ground of equity
                                  the services of the petitioner is fit to be
                                  regularized since the petitioner has been
                                  working on the said post since since 2009.
                                               iv)   For    passing   such    other
                                  order/orders as your lordship may deem fit
                                  and proper in the facts and circumstances of
                                  the case.
                       3. Learned counsel for the Union of India raised

          preliminary objection and submits that the grievance of the

          petitioner     has     to    be     entertained   before    the    Central

          Administrative Tribunal only.

                       4. In view of the above, counsel for the petitioner

          seeks permission to withdraw the present writ petition with

          liberty to avail the remedy before the appropriate Bench of the

          Central Administrative Tribunal.

                       5. Permission, as prayed for, is granted.

                       6. Accordingly, the present writ petition stands

          dismissed as withdrawn with liberty to avail the remedy before
         Patna High Court CWJC No.3703 of 2022(3) dt.13-01-2026
                                                     3/3




                   the appropriate Bench of the Central Administrative Tribunal, if

                   the petitioner moves within 60 days from the date of passing of

                   the order.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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