Ajay Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23106 of 2018 ====================================================== Ajay Kumar son of Mahendra Ram Resident of Bank Road, P.H.D. Quarter,Muzaffarpur,P.S.-Muzaffarpur,District-Muzaffarpur. ... ... Petitioner/s

Versus

1. The Union Of India through Secretary, Department of Telecom Services, Sanchar Bhawan, 20 Ashoka Road, New Delhi.

2. The chief General Manager, Telecommunication, Bharat Sanchar Nigam Limited, Bihar Circle, Patna.

3. The General Manager, Telecommunication, Bharat Sanchar Nigam Limited, District-Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr.Rajesh Kumar Verma, Advocate For the BSNL :

Mr.Ashok Kumar Dubey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-09-2020 Petitioner has prayed for the following relief(s):- "For issuance of a writ mandamus or appropriate in nature for quashing the order dated 04.09.2017 passed by the central administrative Tribunal Patna Bench Patna in O.A. No.50/14/2014 and directing and commanding the respondents give temporary status and allow to discharge duty as usual of the petitioner on class IV post under the respondents as he cleaning and working as casual labourer purpose for cleaning and sweeping in the office of the Telecom Muzaffarpur sweeper under respondent no.3 since 15.10.1997 with all consequential benefit including dues as well as correct monthly wages etc."

Patna High Court CWJC No.23106 of 2018(5) dt.24-09-2020 2/3 On 22.9.2020 we had passed the following order:- "On 8th of September, 2020, we had passed the following order:- "No one appears on behalf of the petitioner as well as respondents.

As a last chance, list this case on 14.09.2020."

Thereafter, on 14th of September, 2020 when the matter was taken up, none appeared, but this Court passed over the matter for the day and as per practice of this Court, no order-sheet was prepared.

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner. In the interest of justice, we adjourn the matter. List day-after-tomorrow, i.e. 24.09.2020."

Today also none has entered appearance on behalf of the petitioner.

Sri Ashok Kumar Dubey, learned counsel appearing for the B.S.N.L. states that the writ petitioner had also not appeared before the Tribunal and that the present petition is not maintainable. Also, the petitioner has lost interest in the matter and chosen not to appear before this Court.

Statement is taken on record.

Petition stands disposed of reserving liberty to the petitioner to revive the same if need so arises and/or file a fresh

Patna High Court CWJC No.23106 of 2018(5) dt.24-09-2020 3/3 petition on the same and subsequent cause of action. Equally, it shall be open to the petitioner to take recourse to such remedies as are otherwise available in accordance with law. (Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U