IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.754 of 2009 SRI NANDAN JHA son of Late Jantry Jha, Assistant Constable no.729, C- Battalian B.M.P-16 Camp, Bilta Dharmashala,Gaya, Distt-Gaya......appellant/Petitioner Versus 1.THE STATE OF BIHAR through the Secretary of Home, Govt. of Bihar, Patna. 2. The Director General of Police, Govt. of Bihar, Patna. 3. The Samadeshtha, BMP-16, Phulwarisharif, Patna…..respondents. ----------- 4. 18.01.2010 Heard Mr. Kedar Nath Tiwari, learned counsel for the appellant and Mr. Rajesh Kumar Singh, Assistant Counsel to AAG-2 for the respondents. Mr. Tiwari, learned counsel for the appellant has submitted that when a low paid employee like a Constable suffers from non grant of counting of the service rendered in Military Forces, he suffers the agony and anguish. It is urged by him that while he was guarding the frontiers of the country the citizens in their houses slept and, therefore, delay on his part should not have been seriously viewed by the learned single Judge. It is also canvassed by him that at the time of peace the sons bury fathers and at the time of war it is the fathers who bury their sons and the appellant has put his life at stake for the country. Despite the aforesaid submissions raised by learned - 2 - counsel for the appellant, we are not in a position to extend the period as that has expired on 1.5.2007. At this juncture, Mr. Tiwari, learned counsel for the appellant has submitted that he may be permitted to withdraw the appeal to submit a representation to the competent authority of the State Government who may be sympathetic to consider the case of the appellant as possibly he may be the last one in the said breed. Regard being had to the aforesaid submissions, the appellant is permitted to withdraw the appeal with liberty to submit a representation for grant of relaxation. On such representation being made, the Chief Secretary shall deal with it after consulting the competent authority as per rules of business of the State. With the aforesaid observation, the appeal is permitted to be withdrawn. perwez (Dipak Misra, C.J.) (Shiva Kirti Singh,J.)