Mohan Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15987 of 2006 ====================================================== Mohan Kumar Jha son of Late Deokant Jha, resident of Village Madhesera, P.S. Sonbarsa, District Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Science and Technology Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

2. The Director, Science and Technology Department, Technology Bhawan, Bailey Road, Patna.

3. The Principal, Muzaffarpur Institute of Technology, Muzaffarpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. R.N.Mukhopadhaya Mr. Md.Nazir Ansari Mr. Satyendra Dutta Mishra For the Respondent/s : Mr. (Gp21) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2017 Learned counsel for the petitioner seeks permission to withdraw the present writ application in view of the order passed by the Apex Court in Special Leave to Appeal (Civil) No. 22588 of 2007 whereby it has been held that the employees of the college are entitled to get back wages with effect from 06.09.1996, however, said order is subject to any order of payment of back wages from the date of taking over of the college, if any, being passed in L.P.A. No.660/1996. Hence, counsel for the petitioner submits that the petitioner may be permitted to withdraw the present writ application with liberty to raise the issue in the writ application being CWJC No. 19921 of 2016 which has been filed in the light of the order passed in L.P.A. No.660/1996 with a

Patna High Court CWJC No.15987 of 2006 (7) dt.28-01-2017 2/2 further liberty to agitate the question of payment with regard to revised pay-scale.

With liberty above mentioned, the writ application is dismissed as withdrawn.

(Dinesh Kumar Singh, J) Amrendra/- U