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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The writ petition is dismissed as withdrawn because it is ex facie non‑maintainable due to the petitioner’s failure to avail the earlier liberty to approach the District Appellate Authority.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 The court dismissed the writ as withdrawn.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  • withdrawn petition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


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