Patna High Court
Jatadhari SahayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The Court allowed the withdrawal and dismissed the application as withdrawn.
Summary
Petitioner Jatadhari Sahay, a government employee, filed a writ petition seeking direction to the District Magistrate of Bhojpur to grant him pay scale P.B.-1+1800 retroactively from his appointment date of 3 September 2011 and to award arrears with 12% compound interest. The relief was sought against the State of Bihar and several senior officials. The petitioner’s counsel subsequently applied for permission to withdraw the application. The Court examined whether the petitioner could lawfully withdraw the writ after filing. Since the petitioner voluntarily sought withdrawal and no opposition was raised, the Court permitted the withdrawal. Accordingly, the application was dismissed as withdrawn.
Issues considered
- Whether the petitioner may withdraw the writ application after filing
Subjects
- service law
- pay scale
- arrears
- withdrawal of application
- civil writ jurisdiction
- government employee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.408 of 2022
======================================================
Jatadhari Sahay son of Late Amir Chand Sahay, Resident of Village-Daridih,
P.S.-Sikrahatta, District-Bhojpur (Bihar), P.S.-Arah Town, District-Bhojpur
(Arrah), Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Principal Secretary, Personal and Administrative Development, Govt. of
Bihar, Patna.
4. The Additional Secretary, Finance Department, Govt. of Bihar, Patna.
5. The District Magistrate, Bhojpur, Bihar.
6. The Additional Collector, Bhojpur (Ara), Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
Mr. Ranjeet Tiwary, Advocate
Mr. Rajeev Ranjan Sinha, Advocate
For the Respondent/s : Mr. Sheo Shankar Prasad (SC-8)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 18-03-2026 The petitioner has filed the instant application for the
following relief (s) :-
“1. (I) For direction be issued to the
respondent No.5 the District Magistrate, Bhojpur
(Arrah) to grant pay scale P.B.-1+1800 with
effect from the date of appointment that is
03.09.2011 and arrear of salary accordingly with
12% compound interest since date of entitlement
till date of payment.
(ii) For any other relief or reliefs as
your Lordships deem fit and proper in the facts
and circumstances of the case.”
Patna High Court CWJC No.408 of 2022(3) dt.18-03-2026
2/2
2. Learned counsel for the petitioner seeks permission
to withdraw this application.
3. The application is dismissed as withdrawn.
(Partha Sarthy, J)
Shiv/-
U
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