IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16566 of 2009 1. KRISHNA NANDAN MISHRA S/O LATE SHIV SHANKAR MISHRA, R/O VILL- RAHWPUR, P.S- VAISHALI, DISTT- VAISHALI Versus 1. THE UNION OF INDIA THROUGH THE CHIEF OF ARMY STAFF, NEW DELHI. 2. THE CHIEF OF ARMY STAFF, NEW DELHI. 3. ASSISTANT RECORD OFFICER FOR OIC RECORDS, DEFENCE SECURITY CORPS RECORDS, PIN 901277 C/O- 56, APO. 4. DIR. DSC, HQ. CENTRAL COMMAND, LUCKNOW, II. 5. JOINT DIR. DSC, HQ MB AREA, JABBALPUR, M.P 6. SENIOR RECORD OFFICER FOR OIC RECORDS, DEFENCE SECURITY CORPS RECORDS, PIN 901277 C/0 56, APO. 7. RECORD OFFICER, FOR OIC RECORDS, DEFENCE SECURITY CORPS RECORDS, PIN 901277 C/0 56, APO. ----------- 03. 09.02.2010 Heard learned counsel for the petitioner and the respondent – Union of India. At the out set learned counsel appearing on behalf of Union of India submits that petitioner has filed this writ application without exhausting the statutory remedy of second appeal provided under the provision of Pension Regulation for the Army (1961). Learned counsel for the petitioner seeks permission to withdraw the writ application so as to enable the petitioner to file a second appeal before the Defence Ministers Appellate Committee on pension. In view of the above, it goes without saying that if such appeal is filed within a period of six weeks, the same shall be considered on merit in accordance with law expeditiously preferably within a period of four months on receipt of such appeal and be disposed of by a reasoned order 2 which shall be communicated to the petitioner. This writ application is accordingly permitted to be withdrawn with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J.)