Patna High Court
Aashish Kumar JhaversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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The writ petition is dismissed as withdrawn, with liberty to approach the Central Administrative Tribunal within 60 days.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 Consequently, the writ petition was dismissed as withdrawn.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
Checking your session…