IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5805 of 2002 Vishram Dutta Dwivedi, S/o Late Vishnudutta Dwivedi, Resident of Village Dhanauti, P.S. Vijaipur, District Gopalganj at present Assistant Teacher Vidyasunder High School, Ambri, Distt. Siwan. ------------ Petitioner Versus 1. The State of Bihar. 2. The Director, Secondary Education, Budh Marg, Patna. 3. The District Education Officer, Siwan. 4. District Education Officer, Gopalganj. 5. Regional Deputy Director of Education, Saran at Chapra. ---------- Respondents ----------- 4 12.07.2010 After some arguments, Mr. Taranath Jha, learned counsel for the petitioner, as with regard to the following relief prayed in this writ application- "That this is an application for issuance of a writ in the nature of mandamus directing the respondents to include the name of the petitioner in selection grade list treating the petitioner as a Post Graduate teacher and to correct the gradation list of selection grade gradation list and further be pleased to direct the respondents to make the payment of interest on the payment of the amount in between 16.7.1974 to 30.7.77 which was paid in 1994 and also to make the payment of interest on the payment of the amount of against the payment of increments arrear between 16.7.1974 to March 1997." and in view of the following statements made in paragraph no.10 & 11 of the counter 2 affidavit, “10. That in reply to para 7 to 11 of the writ petition it is stated and submitted that the petitioner has granted first time bound promotion and second time bound promotion at its respective date of entitlement but so far the selection grade is concerned it is stated that till date any of the person/teacher who are either at part with petitioner or junior has not been granted selection grade by this time and as such petitioner has also not been granted selection grade. ii. That in reply to Para 12 to 14 of the writ petition are denied and it is stated that there is no delay in grant of selection grade to the petitioner in case similarly situated persons like petition would be provided selection graded then the case of the petitioner would also be considered and if he will be found entitled for the same, it would be granted to him also.” seeks leave of this Court to withdraw this writ application in order to move the competent authority. This application is accordingly permitted to be withdrawn with the aforementioned liberty. Rsh (Mihir Kumar Jha, J.)