IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.184 of 2011 1. PREM NATH JHA SON OF SRI HARIHAR JHA, PRESENTLY POSTED AS HEAD CLERK, ROAD CONSTRUCTION DEPARTMENT, ROAD CIRCLE, PURNEA, PREVIOUSLY POSTED AS CORRESPONDENCE CLERK, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, PURNEA 2. TILKESHWAR PRASAD BISWAS S/O LATE JANARDAN PRASAD BISWAS, PRESENTLY POSTED AS CORRESPONDENCE CLERK, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION PURNEA 3. SURENDRA PRASAD SAH, S/O LATE MAHABIR PD. SAH. PRESENTLY POSTED AS CORRESPONDENCE CLERK, ROAD CONSTRUCTION DEPARTMENT, ROAD SUB-DIVISION, PURNEA……………………………………………APPELLANTS Versus 1. THE STATE OF BIHAR 2. SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD CIRCLE, PURNEA-CUM-CHAIRMAN, DEPARTMENTAL ESTABLISHMENT COMMITTEE, ROAD CONSTRUCTION DEPARTMENT, ROAD CIRCLE, PURNEA P.S. KHAJANCHIHAD, DISTRICT- PURNEA 3. EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPT. ROAD DIVISION PURNEA 4. DIVISIONAL ACCOUNTANT, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION PURNEA 5. DISTRICT ACCOUNT OFFICER, PURNEA…. RESPONDENTS 6. SHRI SHIV NARAYAN KAMAT, S/O LATE SUKHI KANT, POSTED AS CORRESPONDENCE CLERK, ROAD SUB-DIVISION CLERK, ROAD SUBDIVISION- PURNEA, UNDER ROAD DIV ISION PURNEA, ROAD CONSTRUCTION DEPARTMENT , PETITIONER NO.1 IN C.W.J.C. NO. 1865/2003 ….. PROFORMA RESPONDENTS ----------- 3 6-5-2011 Heard learned counsel for the appellants and perused the order under appeal whereby the writ petition filed by the petitioner has been disposed of by granting partial relief to the appellants that no recovery shall be made from them of the excess 2 money wrongfully paid to them on account of first time bound promotion from a date when they were not eligible for such promotion on account of having not passed the departmental examination. After some argument learned counsel for the appellants prays to withdraw this appeal. The prayer is allowed and this appeal is dismissed as withdrawn. ( Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan,J)