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Patna High Court

Sharad Kumar MishraversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the petitioner to withdraw the writ application with liberty to claim similar relief in C.W.J.C. No.10256 of 2025.

Summary

The petitioner, a block teacher, filed a writ seeking release of his salary withheld since June 2024, alleging illegal withholding. During the pendency, a State Appellate Authority order (Appeal T-184/2024) declared his appointment illegal and directed his removal within a fortnight. The petitioner challenged that order in another writ (C.W.J.C. No.10256 of 2025) and sought to withdraw the present writ, requesting liberty to pursue the same relief in the other case. The respondent State raised no objection. The Court allowed the withdrawal of the writ application, granting the petitioner liberty to claim similar relief in the pending writ, and directed that the status quo be maintained pending termination.

Issues considered

  • Whether a writ application seeking salary can be withdrawn with liberty to pursue the same relief in another pending writ.
  • Whether the status quo should be maintained pending termination of the petitioner’s service.

Subjects

  • salary
  • illegal withholding
  • appointment cancellation
  • writ withdrawal
  • status quo
  • service termination

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3878 of 2025
     ======================================================
     Sharad Kumar Mishra S/o Birendra Mishra, resident of Vill. and P.O. Darauli,
     District - Siwan, Bihar - 841234, presently posted as Block Teacher,
     Upgraded Midldle School, Pachauli, Block Palasi, Dist Araria.

                                                          ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Human Resources
     Development Department, Govt. of Bihar, Patna.
2.   The Director, Primary Education, Education Department, Government of
     Bihar, Patna.
3.   The District Magistrate, Araria.
4.   The District Education Officer, Araria.
5.   The District Program Officer (Estd), Araria.
6.   The Block Development Officer, Palasi-cum-Member Secretary, Block
     Teachers Appointment Committee, Block - Palasi, Araria.
7.   The Block Education Officer, Block - Palasi, Araria.

                                               ... ... Respondent/s
     ======================================================
                                           with
                   Civil Writ Jurisdiction Case No. 10256 of 2025
     ======================================================
     Sharad Kumar Mishra S/o Birendra Mishra, Resident of Vill and P.O. Darauli,
     District-Siwan, Bihar-841234.

                                                            ... ... Petitioner/s
                                    Versus
1.   The State of Bihar through the Principal secretary, Primary Education,
     Government of Bihar, Patna.
2.   The Director, Primary Education, Education, Department, Government of
     Bihar, Patna.
3.   The District Magistrate, Araria.
4.   Distirct Education Officer, Araria.
5.   District Programme Officer (Establishment), Araria
6.   The Block Development Officer, Palasi-Cum-Member Secretary, Block
     Teachers Appointment Committee, Block-Palasi, Dist.-Araria
7.   The Block Education Officer, Block-Palasi, Dist.-Araria.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     (In Civil Writ Jurisdiction Case No. 3878 of 2025)
     For the Petitioner/s      :       Mr.Nikhil Kumar Agrawal, Adv.
                                       Mrs. Aditi Hansaria, Adv.
         Patna High Court CWJC No.3878 of 2025(5) dt.05-05-2026
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                                                   Mr. Keshav Bhardwaj, Adv.
                 For the Respondent/s      :       Mr.Standing Counsel (28)
                 (In Civil Writ Jurisdiction Case No. 10256 of 2025)
                 For the Petitioner/s      :       Mr.Nikhil Kumar Agrawal, Adv.
                                                   Mrs. Aditi Hansaria, Adv.
                                                   Mr. Keshav Bhardwaj, Adv.
                 For the Respondent/s      :       Mr.Government Advocate (09)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

5   05-05-2026                 C.W.J.C. No. 3878 of 2025

                               Heard the parties.

                               2. This writ application has been filed praying for

                   commanding the respondents to release the salary of the

                   petitioner from June 2024 onwards, which as per the petitioner

                   had been illegally withheld by the respondents.

                                 3. During the pendency of this writ application an

                   order dated 27.06.2025/ 09.06.2025 has come to be passed in

                   Case No. Appeal T-184/2024 by the said State Appellate

                   Authority by which the appointment of the petitioner has been

                   held to be illegal and fraudulent, thus cancelling his

                   appointment from the date of appointment itself. Observation

                   has also been made in the said order that the petitioner will be

                   removed from service within a fortnight of the said order.

                               4. This order dated 27.06.2025/09.062025 passed in

                   Case No. Appeal T-184/2024 has been challenged by the

                   petitioner by filing C.W.J.C. No. 10256 of 2025.

                                5. On account of the aforesaid development, learned
Patna High Court CWJC No.3878 of 2025(5) dt.05-05-2026
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          counsel for the petitioner submits that he may be permitted to

          withdraw this writ application with liberty to claim similar relief

          in C.W.J.C. No.10256 of 2025, by filing an interlocutory

          application.

                      6. Learned counsel appearing for respondent-State

          does not have any objection to the submission made by learned

          counsel for the petitioner.

                      7. As prayed for, this writ application is permitted to

          be withdrawn with liberty as aforesaid.

                      C.W.J.C. No.10256 of 2025

                      8. In this writ application the petitioner has challenged

          the order dated 09.06.2025 (Annexure- P/31) passed in Case No.

          Appeal T-184/2024 by the learned State Appellate Authority,

          Education Department, Bihar by which the petitioner’s

          appointment has been found to be illegal and fraudulent, thereby

          cancelling the said appointment from the date of appointment

          itself and Observation-cum-direction has also been given to

          remove the petitioner from service within a fortnight of passing

          of the said order.

                      9. However, despite direction to remove the petitioner

          from service within a fortnight of passing the impugned order

          dated 27.06.2025/ 09.06.2025, the petitioner submits that the
          Patna High Court CWJC No.3878 of 2025(5) dt.05-05-2026
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                    petitioner is continuing to be in service and working because till

                    date the directive given in the impugned order has not been

                    carried out by terminating the service of the petitioner.

                                10. Pleadings are complete in this matter.

                                11. Put up this case on 30.06.2025 at 3:00 P.M.

                                12. If the petitioner has not been terminated and is

                    still in service and working, then status quo existing as on today

                    shall be maintained by the parties.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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