1 ORDER SHEET WBCHCA0495032026 Item No.5 Ct. No.1 KS IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE M.A.T. 1615 of 2026 + I.A. No. CAN 1 of 2026 Amit Kharat Versus Union of India & Ors. Appearance: Mr. Ujjal Ray Mr. A. Chakraborty .....Advocate for Appellant Mr. Soumendranath Mookherjee, Sr. Adv. Mr. Avishek Guha Mr. Yamini Mookherjee Mr. Subhajit Das Mr. B. Ghosh ....Advocate for LIC/Respondent Nos.2 to 5 CORAM: RAVINDRA VITHALRAO GHUGE, CHIEF JUSTICE & OM NARAYAN RAI, J. Date: 23.09.2026 Order (Per Court) 1. On 22.09.2026, we had passed the following order: “1. After hearing the parties to a considerable length and after taking into account the extensive submissions of the learned counsel for the Appellant as well as the learned counsel for the Respondent/LIC, we 2 expressed our mind and we proposed to dictate an order of dismissal of the petition. We put it to the learned counsel for the Appellant as to whether he desires a reasoned order from this Court or whether he would desire to keep his rights open before the Learned Single Judge so as to canvass his case at the final hearing of the matter. 2. Learned counsel for the LIC submits that in the event, the Appellant succeeds before the learned Single Judge or if the Hon’ble Supreme Court sets aside the Rules, which were subject to challenge before the Allahabad High Court as well as Punjab and Haryana High Court, the Appellant would be entitled to all service benefits, as are permissible under the Service Rules. 3. Learned counsel for the Appellant submits that he would take written instructions from the Appellant on the aspect of leave to withdraw this appeal. 4.On his request, stand over to tomorrow for dictation of order.” 3. The learned advocate for the Petitioner tenders an original handwritten communication under the signature of the Petitioner, dated 22.09.2026, seeking leave to withdraw this proceeding. The same is marked as ‘X’ for identification. 4. In view of the above, this Petition disposed off as withdrawn, on instructions. 5. Needless to state, all contentions of the Petitioner insofar as the pending proceeding before the Learned Single Judge, are kept open and the withdrawal of this Petition would not be an impediment. Similarly, the withdrawal of this Petition would not affect the Petitioner’s request for seeking 3 an alternate employment with the LIC vide his application dated 11.09.2026 made to the LIC under Rule 15 of the Service Rules, 2009. (OM NARAYAN RAI, J.) (RAVINDRA V. GHUGE) Chief Justice