IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.16235 OF 2007 PARMESHWAR PANDIT, S/O SRI SEVAK PANDIT, R/O VILLAGE BARHAI, P.O & P.S CHURHAT, DISTRICT SIDHI (M.P). …………………PETITIONER. VERSUS 1.NAVODAYA VIDYALAYA SAMITI, A-28, KAILASH COLONY, NEW DELHI 110048, THROUGH HIS COMMISSIONER. 2.THE COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, A-28, KAILASH COLONY, NEW DELHI 110048. 3.THE JOINT COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, A-28, KAILASH COLONY, NEW DELHI 110048. 4.THE DEPUTY COMMISSIONER, NAVODAYA VIDYALAYA SAMITI,REGIONAL OFFICE, BORING ROAD, OPPOSITE A.N. COLLEGE, PATNA. ………………………RESPONDENTS. --------------- 02/ 19.12.2011 After some arguments learned counsel for the petitioner seeks permission to withdraw this application in view of the preliminary objection raised by Mr. Sidharth, learned counsel appearing on behalf of Navodaya Vidyalaya Samiti, who would point out that the writ petition at the first instance will not be maintainable, inasmuch as, the Navodaya Vidyalaya Samiti has already been notified to be amenable under Administrative Tribunal Act 1985. Counsel for the petitioner also accepts this position in law. He however, submits that after filing of the writ application there has been subsequent development and though the petitioner has already been promoted as Vice-principal but his rest of the grievance has not been redressed as yet. Considering the fact that now for any other grievance that the petitioner may have, he will have to first approach the Central Administrative Tribunal, this Court would not like to say anything which may prejudice either party. This application is, accordingly, permitted to be withdrawn with a liberty to the petitioner to approach the Central Administrative Tribunal, which in expected to decide the question on merits without non-suiting the petitioner on the ground of limitation keeping in view that this misconceived writ application had remained pending from 11.12.2007. Ranjan (Mihir Kumar Jha, J.)