Patna High Court
Santosh Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The Court dismissed the present writ application as withdrawn, granting liberty to amend the earlier petition.
Summary
Petitioner Santosh Kumar Thakur, who had earlier filed a writ petition (CWJC No.5478 of 2025) seeking promotion, superannuated before the case was decided. He filed a separate writ application (CWJC No.866 of 2026) requesting a notional promotion with monetary benefits and sought to withdraw it, asking for liberty to amend the prayer in the earlier petition. The respondent argued that the relief could be sought by amending the original petition and that a separate filing was unnecessary. The Court examined whether the petitioner could withdraw the second petition and be allowed to amend the first. It held that the petitioner may withdraw the present application and amend the earlier one, and consequently dismissed the present writ as withdrawn with liberty to amend.
Issues considered
- Whether a separate writ petition is required for seeking notional promotion after superannuation
- Whether the petitioner can withdraw the present writ application and be permitted to amend the earlier petition
Subjects
- promotion
- superannuation
- writ petition
- amendment of prayer
- civil service
- notional promotion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.866 of 2026
======================================================
Santosh Kumar Thakur S/o Vakil Chand Thakur, Resident of Village- Gagauli,
P.O.- Gangauli, P.S.- Simari, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, New Secretariat, Patna.
2. The Director (Primary Education), Department of Education, Govt. of Bihar,
New Secretariat, Patna.
3. The Regional Deputy Director (Education), Patna Region, Patna.
4. The District Education Officer, Buxar, Dist- Buxar.
5. The District Programme Officer (Establishment) Buxar, District, Buxar.
6. The Accountant General, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh, Adv.
For the Respondent/s : Mr. Navnit Kumar, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents-State.
2. Learned counsel for the petitioner submits that for
seeking the relief for promotion the petitioner has earlier filed a
writ application bearing CWJC No.5478 of 2025, which is still
pending adjudication. During the pendency of CWJC No.5478
of 2025, the petitioner has superannuated from service and
therefore, the petitioner now wants to confine his relief to grant
of notional promotion with monetary benefits.
3. It is for this purpose that the petitioner has filed this
separate writ application, although by filing an Interlocutory
Patna High Court CWJC No.866 of 2026(2) dt.22-01-2026
2/2
Application in CWJC No.5478 of 2025 the relief claimed in the
said writ application can be amended and there was no need to
file this separate writ application.
4. Learned counsel for the petitioner, therefore, prays
that he may be permitted to withdraw this writ application with
liberty to amend the prayer portion of CWJC No.5478 of 2025.
5. As prayed for, this writ application is dismissed as
withdrawn with liberty as aforesaid.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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