Patna High Court
Narad ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
A writ petition cannot be entertained where an alternative statutory remedy of appeal is available and unexercised; the petitioner must first file the appeal before this Court can consider the writ.
Summary
Petitioner Narad Thakur, a school employee, filed a writ petition challenging his dismissal order dated 18 December 2025, alleging violation of Rule‑18 of the Bihar Panchayat Elementary School Service Rules, 2020 and seeking back salary. He sought quashing of the dismissal order and payment of salary for the period 14 August 2023 to 18 December 2025. The respondents argued that the petitioner had an alternative statutory remedy of filing an appeal against the dismissal order. The Court examined whether a writ could be entertained when such an alternative remedy remained unexercised. It held that the petitioner must first avail the appeal and directed him to file it within four weeks, after which the appellate authority should decide the matter within 45 days. Accordingly, the writ application was disposed without addressing the merits of the salary claim.
Issues considered
- Whether a writ petition challenging a service dismissal can be entertained when an alternative statutory appeal is available but not filed
- Whether the petitioner is entitled to back salary for the period claimed (though not decided on merits)
Subjects
- writ petition
- service termination
- alternative remedy
- appeal
- Rule-18
- Bihar education department
- quashing order
- salary claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.295 of 2026
======================================================
Narad Thakur Son of Somaru Thakur, resident of Village- Tiyara Kala, Tiara
Kalan, P.S.-Chutia. District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, New Secretariat, Patna.
2. Director Primary Education, Education Department, New Secretariat, Patna.
3. District Education Officer, Rohtas.
4. District Programme Officer (Establishment) Education Department, Rohtas.
5. Executive Officer-cum-Block Development Officer, Nauhatta, District-
Rohtas.
6. Block Education Officer, Nauhatta, District- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratap Sharma, Advocate
For the Respondent/s : Mr. Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 02-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed this writ application for
following relief/s:-
(I) For issuance of an appropriate
writ/writs, order/orders, direction/directions for
quashing the order No.01/2025-26 dated
18.12.2025 whereby and whereunder by violating
the statutory provision as contained in Rule-18 of
Bihar Panchayat Elementary School Service Rules
2020 the respondents have dismissed from service
to the petitioner and further prayer of the
petitioner is for payment of salary to the working
period from 14.08.2023 to 18.12.2025 in the light
Patna High Court CWJC No.295 of 2026(2) dt.02-02-2026
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of the State Government decision and for other
necessary relief/reliefs on the basis of facts and
circumstances of the case.
3. At the outset, learned counsel for the respondents
submits that the petitioner has an efficacious and alternative
remedy of appeal against the order impugned herein and without
availing the alternate remedy of appeal, the petitioner has
approached this Court.
4. Learned counsel for the petitioner fairly submits
that the petitioner has not preferred any appeal against the order
under challenge in this writ application. He further submits that
he would prefer an appeal against the order No. 01/2025/2026
dated 18.12.2025 passed by the Executive Officer -cum- Block
Development Officer, Nauhatta, Rohtas before appropriate
authority within a period of four weeks from today.
5. In view of the submission of the parties, this Court
is of the view that this writ application be disposed of with a
direction to the petitioner to file an appeal before the appropriate
appellate authority within a period of four weeks from today.
Upon such appeal being filed within the said stipulated time, the
appellate authority shall take all endeavor to hear and decide the
statutory appeal filed by the petitioner, in accordance with law,
affording ample opportunity of hearing to the petitioner, within
Patna High Court CWJC No.295 of 2026(2) dt.02-02-2026
3/3
a period of 45 days from the date of filing of the appeal.
6. Accordingly, the writ application stands disposed of
on the aforesaid terms.
(Praveen Kumar, J)
shivam/-
U
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