IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.591 of 2010 ***** 1. JAGDISH YADAV S/O LATE GHURAN YADAV R/O VILL.- BARARI, P.O.- BARARI, DISTT.- BHAGALPUR. …. …. Appellant/Petitioner Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, PATNA 4. DEPUTY DIRECTOR, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, PATNA 5. PRINCIPAL, BIHAR COLLEGE OF ENGINEERING, BHAGALPUR. …. …. Respondents-Respondents ----------- For the Appellant : Mr. Yugal Kishore, Senior Advocate Mrs. Madhu Rani, Advocate For the State : Mr. P.K.Shahi, Advocate General Mr. Nirmal Kumar, G.P.4 Mr. Vishwambhar Prasad, A.C. to G.P.-4 ------------- 3. 13.4.2010. Mr. Yugal Kishore, learned senior counsel appearing for the appellant after arguing at length submitted that certain similarly placed employees have been regularized and conferred the benefit of regularization from the date of initial appointment though the payment has not been given. After some debate learned counsel realized that the same cannot be the subject matter of a lis before this Court. Faced with such a situation, he prayed that he may be permitted to - 2 - withdraw the writ petition as well as the appeal so that the employer can consider the case of the writ petitioner- appellant. Mr. P.K. Shahi, learned Advocate General fairly stated that he has no objection if the order of the learned Single Judge is set aside and the writ petition and appeal are permitted to be withdrawn. However, learned Advocate General added that this Court may say that it has not expressed any opinion on the merits of the case. Having heard learned counsel for the parties the order passed by the learned Single Judge is set aside. As there is no objection to withdrawal of the writ petition and the appeal, accordingly, the writ petition and the appeal stand withdrawn. It is open to the writ petitioner-appellant to approach the authorities for redressal of his grievances. We may hasten to add that we have not expressed any opinion on the merits of the case. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)