Munna Kumar Mahato v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16257 of 2014 ====================================================== Munna Kumar Mahato son of late Ram Kailash Mahato resident of village - Bari Nagar, Ashram Tola, Ward No.8, Post office Guru Bazar, Police Station - Barari, District - Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary to the Government, P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna. 2.

The Chief Engineer, Mechanical , P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhawan, Bailey Road, Patn 3.

The Superintendent Engineer, P.H.E. Circle, Purnia, District - Katihar 4.

The Executive Engineer, P.H.E. Division, Katihar, District Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh, Advocate For the Respondent/s :

Smt. Geeta Kumari, GP-28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2022 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writs or directions commanding the respondent to consider and grant the compassionate appointment to the petitioner, when the service of the father of the petitioner has been absorbed on sanctioned vacant post in the permanent establishment in the light of the decision taken by the three man committee in pursuant to the direction of this Hon'ble Court."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned

Patna High Court CWJC No.16257 of 2014(2) dt.28-11-2022 2/2 counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to approach respondent No. 3, namely The Superintending Engineer, P.H.E. Circle, Purnia, District- Katihar and/or initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U