Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9511 of 2025 ====================================================== Deepak Kumar S/O Jhulan Prasad, R/O Village- Gobal Bigha, Akhara, P.S.- Samir Takiya, P.S.- Rampur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna 3.

The Commissioner, Gaya.

4.

The District Magistrate, Gaya 5.

The Addl. Collector, Gaya 6.

The District Development Commissioner, Gaya 7.

The District Welfare Officer, Gaya 8.

The Addl. Collector, Estb. Gaya.

9.

The Deputy Collector, Establishment, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Respondent/s :

Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2025 Learned Counsel for the petitioner and learned Counsel for the State are present.

2. Learned Counsel for the State submits that he has filed reply online and today he came prepared with the counter affidavit requesting that hard copy may be accepted.

3. Learned Counsel for the petitioner submits that a copy of the counter affidavit has been served upon him.

4. The hard copy of the counter affidavit has been directed to be accepted.

Patna High Court CWJC No.9511 of 2025(2) dt.24-06-2025 2/3

5. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- "I. For issuance of writ of mandamus and any other writ/writs, order/orders directions to the respondent's authority to regularize the petitioner in the light of the order dated 16-11-2022 passed in LPA No. 121/2020 (analogous) passed by the Hon'ble Mr. Justice P. B. Bajantri and Hon'ble Mr. Justice Purnendu Singh arising out of CWJC No. 18612/2019 dated 18-122019 passed by Hon'ble Mr. Justice Chakradhari Sharan Singh.

II. For commanding Respondent No.3 to include the Petitioner in the list of selection list brought for appointment under Advertisement No. 01/2013-14 while giving them weightage and seniority position for having remained engaged for more than 240 days and empanelled in previous panels of the year 2004, 2009-10.

III. For further direction to the respondent's authority to regularize the petitioner, as he has fulfilled the required criteria of regularization.

IV. For any other appropriate order/orders, direction/directions as your lordship may deem fit and proper."

6. Learned Counsel for the State has raised

Patna High Court CWJC No.9511 of 2025(2) dt.24-06-2025 3/3 preliminary objection and submits that case of the petitioner is not based on the decision of the L.P.A. Bench in the case of L.P.A No.121 of 2020. He submits that the said L.P.A. order covers for selected employees, who has been subsequently terminated. He submits that the petitioner is not the person/employee who has been earlier selected. He is not in the category of 365 persons. The State has submitted this pleading in the counter affidavit itself.

7. After hearing the same, Counsel for the petitioner seeks permission to withdraw this application.

8. Permission is accorded.

9. This writ application is dismissed as withdrawn. (Dr. Anshuman, J) Mkr./- U