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Patna High Court

Prem Kumar TiwaryversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as withdrawn.

Summary

Prem Kumar Tiwary filed a civil writ petition before the Patna High Court seeking specific directions regarding his pensionary benefits and benefits under the Assured Career Progression scheme. The petitioner’s counsel requested permission to withdraw the petition, citing an earlier order (C.W.J.C. No.544 of 2023) that had already provided such directions. The Court noted the existence of that specific direction and therefore allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn. No substantive merits of the original claim were adjudicated.

Issues considered

  • Whether the writ petition may be withdrawn after a specific direction on the relief sought has already been issued by the Court

Subjects

  • pensionary benefits
  • Assured Career Progression scheme
  • writ petition
  • withdrawal
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.4079 of 2023
                  ======================================================
                  Prem Kumar Tiwary Son of Late Gorak Nath Tiwary, Resident of Village-
                  Kusumhara, P.O.- Tekanpura, P.S.- Suryapura, District- Rohtas, at present
                  Chini Mill, Buxar, Near Khusi Marriage Hall, P.O.- Gajadharganj, P.S.-
                  Buxar, District- Buxar.
                                                                            ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through the Collector, Buxar.
            2.    The Collector, Buxar.
            3.    The Accountant General, Veerchand Patel Marg, Patna, Bihar.
            4.    The Treasury Officer, Buxar.
            5.    The Sub-Divisional Officer, Buxar, Sadar, District- Buxar.
            6.    The Block Development Officer, Simri, District- Buxar.
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :       Mr. Awadhesh Kumar Mishra, Advocate
                  For the Respondent/s    :       Mr. Anil Kumar Singh ( GP-26 )
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

4    28-01-2026                   In view of the order dated 15.03.2023 passed by a

                    Co-ordinate Bench of this Court in C.W.J.C. No.544 of 2023,

                    the learned counsel for the petitioner seeks permission to

                    withdrawn this writ petition since, there is already a specific

                    direction issued with regard to pensionary benefits and as also

                    with regard to benefits under the Assured Career Progressions

                    scheme.

                                2. Permission is accordingly granted.

                                3. The writ petition stands dismissed as withdrawn.



                                                 (Ajit Kumar, J)
sharun/-

U


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