IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No. 216 of 2011 In CWJC No. 12518 of 2002 With I.A. No. 912 of 2011 ==================================================== Subhash Sharma, son of Sri Kamleshwar Prasad Singh, Resident of Sawajpura Road, P.S. – Dinapur, Dist. – Patna …….Petitioner / appellant Versus 1. The State of Bihar, 2. The Director in Chief, Health Services, Govt. of Bihar, New Secretariat, Bailey Road, Patna, 3. The Divisional Commissioner, Patna, 4. The Principal, Nalanda Medical College, Patna ……….Respondents / respondents. =================================================== APPEARANCE For the appellant: Mr. Praveen Kumar and Mr. Pankaj Kr. Singh, Advocates. For the State -respondents: Mr. Jay Prakash Sharma, AC to GP XI. =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 03.02.2011. Re. I.A. No. 912 of 2011. This application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of 91 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case the delay is condoned. Interlocutory Application stands disposed of. 2 Re. LPA No. 216 of 2011. With the consent of the learned Advocates, the Appeal is heard and decided today. This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 29.06.2010 made by the learned single Judge in above CWJC No. 12518 of 2002. The appellant, a Laboratory Technician in the service of Nalanda Medical College and Hospital, Patna, filed the above writ petition under Article 226 of the Constitution to seek time bound promotion effective from 28th November 1999 and for the benefit of Assured Career Progression. After arguing the matter before the learned single Judge, learned Advocate Mr. Ashok Kumar Chaudhary appearing for the appellant sought permission of the Court to withdraw the writ petition with a view to approaching the Director-in-Chief by a representation. The learned single Judge has permitted the appellant to withdraw the writ petition. However, it is observed “the petitioner will have no right to move again this Court for the same cause of action which has been pressed in this writ petition”. It is the aforesaid observation which is under challenge before us. Learned Advocate Mr. Praveen Kumar has appeared for the appellant. He has submitted that the aforesaid observation made by the learned single Judge be expunged. We have noticed that earlier also the petitioner 3 had approached this Court in the same subject matter in CWJC No. 8523 of 2002. That too, the appellant had withdrawn with a view to approaching the concerned authority. It appears that after the withdrawal of the above referred CWJC No. 8523 of 2002, the representation made by the appellant has been rejected. The appellant appears to be taking chance with the Court. In above view of the matter, the impugned observation made by the learned single Judge is wholly justified. In the alternative, learned Advocate Mr. Praveen Kumar has submitted that the impugned order of the learned single Judge be recalled. The appellant be permitted to argue the matter afresh on merits. In view of the above submission, the Letters Patent Appeal is allowed. The impugned order dated 29.06.2010 is set aside. CWJC No. 12518 of 2002 is restored and is remitted to the learned single Judge for hearing and decision on merits. The appellant will deposit cost of Rs. 5,000/- (Five thousand) in the Registry of this Court within one month from today. The writ petition will be notified for hearing before the learned single Judge only after the amount of cost is deposited in the Registry. In the event the appellant fails to deposit the amount of cost as specified, the above order shall stand recalled and the Appeal shall stand dismissed. It is further clarified that in no circumstances the appellant will have right to withdraw the writ petition nor 4 shall he have permission to approach the authority below in the same subject matter. He shall have to obtain order on merits. The Appeal stands disposed of in the above terms. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )