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Patna High Court

Ashok Kumar and AnrversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioners, Ashok Kumar and Ashok Kumar Sinha, filed a writ petition seeking quashing of a 2016 letter that rejected their regularisation claim on the ground that they had completed only 233 days of service before 11‑12‑1990, and also sought consequential appointment as regular staff. Their counsel later moved that, due to the passage of time, the application had become infructuous and requested permission to withdraw it. The Court considered the request to withdraw the pending application. No substantive merits of the original reliefs were examined. The Court allowed the withdrawal and dismissed the application. Consequently, the petitioners' request for regularisation and related reliefs was left unadjudicated.

Issues considered

  • Whether the petitioners may be permitted to withdraw their pending application for relief

Subjects

  • withdrawal of application
  • writ petition
  • regularisation
  • appointment
  • court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4886 of 2017
                 ======================================================
           1.     Ashok Kumar and Anr Son of late Dwarika Singh Resident of Village-
                  Tilakpur, P.S.-Lakhisarai, District-Lakhisarai.
           2.    Ashok Kumar Sinha Son of Late Kamla Prasad, Resident of Village-
                 Vishunpura, P.S.-Obra, District-Aurangabad.

                                                                              ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Chief Secretary Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Principal Secretary, Department, of Road Construction, Government of
                 Bihar, Patna.
           4.    The Engineer-in-chief-cum-Special Secretary,            Road     Construction
                 Department, Government of Bihar, Patna.
           5.    The District Magistrate, Gaya.
           6.    The Superintendent Engineer, Department of Road Construction, Magadh
                 Anchal, Gaya
           7.    The Executive Engineer, Road Construction Department, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arup Kumar Chongdar, Advocate
                 For the Respondent/s     :       Mr. Rajballabh Pd. Yadav, AAG-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   20-01-2026                 1. The petitioners have filed the instant application for

                   the following reliefs :-

                                                  “(i) For quashing of letter no. 67
                                        dated 29.7.2016 whereby and where under the
                                        claim for regularisation has been rejected on one
                                        of the grounds that before 11.12.1990 petitioners
                                        has completed only 233 days.
                                                  (ii) For commanding the respondents
                                        after quashing order dated 29.7.2016 to give
            Patna High Court CWJC No.4886 of 2017(4) dt.20-01-2026
                                                        2/2




                                         consequential consideration of appointment from
                                         daily wages to regular basis on the sanctioned
                                         vacant post of class IV in view of policy
                                         decisions contains letter no. 489 dated 10.5.2005
                                         and letter no. 693 dated 16.3.2006.
                                                     (iii) And/or any other relief/reliefs as
                                         this Hon'ble Court may think fit and proper.”

                                  2. Mr. Arup Kumar Chongdar, learned counsel for the

                      petitioners submits that with the passage of time the application

                      having become infructuous, he seeks permission to withdraw

                      the same.

                                  3. In view of the above, the application is dismissed as

                      withdrawn.


                                                        (Partha Sarthy, J)
avinash/-

U


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