Rejected the successive writ petition for the quashing of a pension-related order as not maintainable. Held that the petitioner had withdrawn an earlier identical Writ Petition without availing the statutory appellate remedy, thereby defeating the current claim.
The writ petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3725 of 2015
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Birju Ram Son of Late Churaman Dusadh @ Churaman, Resident of VillagePachhurukhia, P.S.- Khijarsarai, District- Gaya
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate For the State : Mr.Manoj Kumar Sinha, AC to GA 9 For the AG : Mr. Ajeet Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 15-02-2019 Heard counsel for the petitioner and the State.
Petitioner seeks quashing of the order dated 15.05.2013 issued by the District Establishment Branch, Collectoriate, Gaya in purported exercise of powers under Rule 43 (b) of the Bihar Pension Rules.
Counter affidavit has been filed. It is pointed out by the State counsel that against the same order petitioner had preferred C.W.J.C. No. 1925 of 2014. When an objection was raised regarding the petitioner moving the writ Court directly, the writ petition filed by the petitioner earlier was dismissed as withdrawn with liberty to the petitioner to take steps for
Patna High Court CWJC No.3725 of 2015(4) dt.15-02-2019 2/2
challenging the order. Without assailing the said order before the Appellate Authority again the instant petition has been filed for the same relief.
Since the writ petition for the same relief has already been dismissed and the petitioner has not availed of the appellate remedy available to him for which he had withdrawn the writ petition on the earlier occasion, this Court is of the opinion that a successive writ petition for the same relief would not be maintainable.
Writ petition is dismissed.
(Madhuresh Prasad, J)
Prakash/-
U
1 issue framed by the court
Whether a successive writ petition for the same relief is maintainable when the earlier petition was dismissed as withdrawn without exhausting the appellate remedy.
Birju Ram
The State Of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
