IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.93 of 2008 BIHAR STATE ELECTRICITY BOARD, PATNA & ORS. Versus THAKUR RAVINDRA KUMAR & ORS ----------- 5. 13.5.2008. Although the provisions of the Civil Procedure Code are not applicable to the procedure applicable for considering and deciding writ petitions under Article 226 of the Constitution of India but it is now well settled that the provisions contained in the said Code, to the extent the same appears to be fair and reasonable, should be adopted while considering cases filed under Article 226 of the Constitution of India. The Code provides that even if an appeal is dismissed as withdrawn, the cross-objection filed should be heard and determined on its merit after notice to the parties to the appeal. That being the general principle founded on the basic principle of bringing to an end the litigation finally upon determination of rights of the parties on merits, the said rules should also be applicable to applications filed under Article 226 of the Constitution of India and, accordingly, the cross-objection filed by the writ petitioner- respondent should be heard on its merit despite withdrawal - 2 - of the appeal by the appellant, who was respondent in the writ petition. However, we think that even after hearing of the cross-objection, we would not be able to do anything further than what has been done by the learned Single Judge while delivering the judgment being the subject matter of the cross-objection, inasmuch as the objector-writ petitioner having had opted to be deputed outside his cadre was working in an ex-cadre post and, by the judgment and order, as was sought for by him, he became a cadre employee, the other grievance that was not addressed and left to be represented was non-consideration of his case for promotion, which compelled the objector to file the cross- objection, but the rules do not permit consideration of an ex- cadre employee for promotion in a cadre post. That being the position, the objector does not press this cross-objection but reserves his right to approach this Court in the event his representation for promotion is not acceded to. We accordingly permit the objector to withdraw the cross-objection with liberty to approach this Court under Article 226 of the Constitution of India with his grievances, - 3 - if any, pertaining to his promotion to higher posts. The cross-objection, accordingly, stands dismissed as withdrawn. dk ( Barin Ghosh, J. ) ( Chandra Mohan Prasad, J. )