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Patna High CourtCWJC/12376/2025withdrawn

Ashok Kumar v. The Union Of India

2025-09-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12376 of 2025 ====================================================== Ashok Kumar Son of Late Nanhu Prasad, Resident of Village- West Laxhmi Nagar, Khemnichak P.O. Khemnichak, Police Station- Ram Krishna Nagar, Town and District Patna.

... ... Petitioner/s

Versus

1.

The Union of India Through Secretary, Department of Telecommunication, New Delhi 110001 2.

The Chairman -Cum- Managing Director, Bharat Sanchar Nigam Limited, Janpath, New Delhi 110001 3.

The Chief General Manager, Bharat Sanchar Nigam Limited, Bihar Circle, Sanchar Parisar, Patna, Bihar.

4.

The Principal General Manager, Patna Telecom Telephone Bhawan, R. Block, District Patna.

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate Mr. Rahul Kumar, Advocate For the Respondent/s :

Mr. Harendra Prasad Singh, Advocate Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2025 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following relief(s):

"That, this is an application for issuance of writ/writs, direction/direction and writ in the nature of Certiorari to quash office order vide Memo No. E-7/PTC/97/20 dated 05.11.1997 passed by S.D.O Phones, Patna City and also for issuance of writ of mandamus commanding the respondents to release the pay/salary for the period of August 1996 to 24.04.1997 whereas the period from 17.06.1996 to 17.01.1997 was declared as "dies non" period

Patna High Court CWJC No.12376 of 2025(2) dt.02-09-2025 2/2 without breakage in service and the loss of bonus incurred due to "dies non" and payment for over time duty and promotion since the similarly situated employees were given promotion and due to amount pertaining to provision for jacket and slipper to Wireman, Lineman, Telephone Mechanic and other Group-D employees."

3. At the outset, learned counsel appearing for the respondents in reference to the notification dated 31.10.2008 submits that as per the said notification, the matters relating to Bharat Sanchar Nigam Limited (BSNL) would not be maintainable in this Court but before the Central Administrative Tribunal (CAT) in view of the amendment in the Administrative Tribunals Act.

4. In view of the above, learned counsel for the petitioner seeks permission to withdraw this application to approach Central Administrative Tribunal (CAT) for the relief prayed for herein.

5. Without entering into the merits of the case, the instant application stands disposed of as withdrawn with the aforesaid liberty.

(Partha Sarthy, J) Saurabh/- U