Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is dismissed as withdrawn because it is ex facie non‑maintainable due to the petitioner’s failure to avail the earlier liberty to approach the District Appellate Authority.
Summary
The petitioner, a Prakhand Teacher appointed on compassionate appointment, sought a writ directing the Education Department to regularise his post and pay scale in accordance with a prior LPA order dated 18‑04‑2018. The court noted that the petitioner had previously been granted liberty, in CWJC No.13652 of 2023, to approach the District Appellate Authority, which he failed to do. Consequently, the present writ was deemed ex facie non‑maintainable. Upon being informed, the petitioner consented to withdraw the application. The court dismissed the writ as withdrawn.
Issues considered
- Whether the writ petition is maintainable when the petitioner has not complied with the liberty granted to approach the District Appellate Authority.
Subjects
- regularisation of teachers
- compassionate appointment
- writ of mandamus
- maintainability
- withdrawn petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5355 of 2026
======================================================
Abhishek Kumar S/o- Late Hari Prasad, R/o- At and P.O.- Pupri, P.S.- Pupri,
District- Sitamarhi, at present working as Prakhand Teacher at Middle School
Narayanpur, Block Pupri, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Director Primary Education, Government of Bihar, Patna.
3. The Regional Deputy Director of Education Muzaffarpur Division,
Muzaffarpur.
4. The District Magistrate, District- Sitamarhi.
5. The District Education Officer, Sitamarhi.
6. The District Programme Officer (Estt.), Sitamarhi.
7. The Block Development Officer, Block- Pupri, District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sita Ram Prasad, Adv.
For the Respondent/s : Mr. Sita Ram Yadav, GP-16
Mr. Rakesh Kumar Shrivastava, AC to GP-16
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 21-04-2026 Learned counsel for the petitioner and learned counsel
for the respondent-State are present.
2. The petitioner has prayed for the grant of following
reliefs:
“(i) Issuance of a direction, order or
writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the Education
Department Bihar, Patna to grant the similar
reliet passed in the LPA. No.1472/2015 dated
18.04.2018 passed by this Hon'ble Court
whereby and whereunder direction has been
Patna High Court CWJC No.5355 of 2026(2) dt.21-04-2026
2/3
given to the respondents to grant/absorb
regular post and regular pay scale to the
Niyojit Teacher appointed on compassionate
01.07.2006.
(ii)Issance of a direction, order or
writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the State
Government in its Education Department to
take steps towards considering the cases of
the present petitioner and absorb as regular
teacher on regular pay scale w.e.f. the date
of his recommendation made by the
Competent Compassionate Appointment
Committee, also pay all the consequential
and monitoring benefits for which petitioner
was/is entitle.
(iii) Issuance of a direction, order or
writ, including writ in the nature of
mandamus commanding the concerned
respondent No.6, District Programme
Officer (Estt), Sitamarhi to dispose the
petitioner's representation dated 09.10.2025
in light of LPA No. 1472/2015 dated
08.04.2018.
And for any other appropriate relief(s)
as per the facts and circumstances of the
case.”
3. It is pointed out by learned counsel appearing for
respondent-State that for seeking the same relief the petitioner
had earlier approached this Court vide CWJC No.13652 of 2023
and the said writ application was disposed of on 02.09.2024
granting liberty to the petitioner to approach the District
Appellate Authority, Sitamarhi. The said order dated 02.09.2024
Patna High Court CWJC No.5355 of 2026(2) dt.21-04-2026
3/3
passed in CWJC No.13652 of 2023 has been brought on record
by way of Annexure-P/7.
4. It is further informed to this Court that in terms of
the liberty granted by this Court in CWJC No.13652 of 2023 the
petitioner has not availed the remedy and till date had not
approached the District Appellate Authority, Sitamarhi. Instead
thereof, the petitioner has filed the present writ application,
which is ex facie not maintainable.
5. After being confronted with the above situation,
learned counsel for the petitioner reluctantly agrees to withdraw
the present writ application.
6. As prayed for, this writ application is dismissed as
withdrawn.
(Alok Kumar Sinha, J)
Prakash Narayan
U
Checking your session…