The State Of Jharkhand Through ... vs Ferdinand Kispotta
2023 Latest Caselaw 2872 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    L.P.A No. 361 of 2021
1.The State of Jharkhand through Chief Secretary, Government of Jharkhand,
  Ranchi having office at Project Building, Dhurwa, P.O.-Dhurwa, P.S.-
 Jagannathpur, District-Ranchi
2.The Principal Secretary, Road Construction Department, Government of
  Jharkhand, having office at Jharkhand Mantralaya, P.O.- Dhurwa, P.S.
  Dhurwa, Ranchi
3.The Special Secretary, Road Construction Department, Government of
   Jharkhand, having office at Jharkhand Mantralaya, P.O.-Dhurwa, P.S.
   Dhurwa, Ranchi.
4. The Deputy Secretary, Road Construction Department, Government of
   Jharkhand, having office at Jharkhand Mantralaya, P.O-Dhurwa,
   P.S.-Dhurwa, Ranchi
                           --- --- Appellants/ Original Respondent Nos. 1 to 4
                                   Versus
Ferdinand Kispotta, aged about 66 years, son of Late Alois Kispotta, Resident
of Purana Lowadih, Samarth Apartment Campus, Namkum, P.O., Namkum,
P.S. Namkum, District-Ranchi (Jharkhand)
                                          --- --- Respondent/ Writ Petitioner
                                         .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellants : Mr. Ashok Kumar Yadav, Sr.S.c.-I For the Respondent : Mr. Indrajit Sinha, Advocate : Mr. Arpan Mishra, Advocate

Order No.08/ Dated 14th August, 2023

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 21.01.2021 passed by learned Single Judge of this Court in W.P. (S) No. 3976 of 2019 whereby and where under the learned Single Judge has disposed of the writ petition in the light of the judgment rendered in the case of Shivmuni Ram Vrs. State of Jharkhand & others in W.P.(S) No. 2298 of 2013 vide order dated 23.09.2015 being identical to the instant writ petition giving liberty to the writ petitioner to file application before the appellate authority for pensionary benefit to be considered by the competent authority.

2. Learned counsel Mr. Ashok Kumar Yadav, Sr.S.C.-I representing the State of Jharkhand, in the midst of the arguments, has made reference to the paragraph no.7 of the judgment rendered by the learned Single Judge in W.P.(S) No. 3976 of 2019 dated 21.01.2021 wherein the case of the writ petitioner has been disposed of in terms of the order passed by this Court in the case of Shivmuni Ram (supra) and since there is

already a direction to revive the proceeding from specific stage and as such, the leave to withdraw this appeal has been sought for.

3. Learned counsel for the respondent / writ petitioner is present.

4. Accordingly, the instant appeal is dismissed as withdrawn.

5. Pending I.A., if any, stands disposed of.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

A.Mohanty