Ram Saran Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.777 of 2017 In Civil Writ Jurisdiction Case No.4655 of 2015 ====================================================== Ram Saran Singh S/o Late Sahdeo Singh R/o Village- nanauri, P.S.-Akbarpur, Dist.-Nawada- ... ... Appellant/s

Versus

1. The State of Bihar through Secretarary, Road Construction Department, Vishveshraiya Bhawan. Bailey Road Patna(Bihar)

2. The Secretary, Road Construction Department, Vishvewhwaraiya Bhawan Bailey Road, Patna-15(Bihar)

3. THe Chief Engineer, (Yantrik) Yantrik Uchha, path Nirman Bhawan Vishveshwariya Bhawan, Bailey Road Patna-15 (Bihar)

4. The Superintedent Engineer, (Yantrik) Rastriya Uchha Path Yantrik Anchal, Bishweshwaraiya Bhawan Bailey Road, Patna-15 (Bihar)

5. Exective Engineer, Rastriya Uchha path Yantrik Parmandal, Town & DistrictNawada (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Kumar Sinha For the Respondent/s :

Mr. Rajballabh Pd. Yadav-Aag11 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 04-05-2018 After some arguments, learned counsel for the appellant seeks liberty to withdraw the appeal, keeping in mind that the issue of his promotion as Batching Plant Operator was settled right up till Hon'ble Supreme Court.

Since the decision to withdraw the promotion order was not interfered with by the Hon'ble Supreme Court and only the recovery part was interfered with, therefore, a second round of litigation that he should be paid pension of the said post is

Patna High Court LPA No.777 of 2017(5) dt.04-05-2018 2/2 an unfair kind of expectation and demand.

Appeal is dismissed, as not pressed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) skm/- U