Patna High Court
Amit KumarversusBidya Bhushan Kumar
- Decided
- Disposal
- WITHDRAWN
Holding
The intra‑court appeal is dismissed as withdrawn, with liberty granted to the appellant to pursue a review application.
Summary
The appellant, Amit Kumar, filed a Letters Patent Appeal against a Patna High Court order dated 18‑10‑2019 which had extended the benefits of State Government Resolution No.1209 (dated 07‑07‑2006) to members of various branches of the Bihar Subordinate Education Service (SES) Cadre, following an apex court decision in Civil Appeals No.8226 & 8227/2012. The State of Bihar had earlier filed an intra‑court appeal (LPA No.27 of 2020) challenging that order, but that appeal was withdrawn on 01‑12‑2021. In the present appeal, the appellant’s counsel sought permission to withdraw the appeal, reserving the right to file a review application (Civil Review No.66 of 2022). The Court granted the request, dismissing the appeal as withdrawn and ordering any pending applications to be disposed of. The decision leaves the original order of extending benefits in force.
Issues considered
- Whether the State Government must extend the benefits of Resolution No.1209 to members of all branches of the Bihar Subordinate Education Service Cadre as directed by the apex court.
- Whether the intra‑court appeal filed by the State can be withdrawn with liberty to pursue a review.
Subjects
- Letters Patent Appeal
- Intra‑court appeal
- Withdrawal of appeal
- Subordinate Education Service Cadre
- State Government Resolution 1209
- Non‑discriminatory treatment
- Review application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1485 of 2019
In
Civil Writ Jurisdiction Case No.3240 of 2015
======================================================
Amit Kumar Son of Sri B.K. Sinha Resident of Village- Bhoua, P.S.- Patori,
District- Samastipur, Presently Residing at Flat No. C-2, Jai Mata Di
Apartment, Road No.5, Ashok Nagar, P.O.- Lohia Nagar, P.S.- Kankarbagh,
District- Patna.
... ... Appellant/s
Versus
1. Bidya Bhushan Kumar Son of Late Nageshwar Pasad Singh Resident of Flat
No.101 B, Leelavarta Apartment, Alpana Market, New Patliputra Colony,
P.S.- Patliputra, District- Patna.
2. Kaushal Kishore Son of Late Sri Ram Resident of Mohalla- Mirchai Gali
Chowk, Patna City, District- Patna.
3. Ashok Kumar Singh Son of Late Bindeshwari Prasad Singh Resident of
Goraiya Asthan, Buddha Colony, P.S.- Buddha Colony, District- Patna.
4. Kumar Anand Ranjan Son of Late Jagdish Prasad Sinha Resident of 124 E,
S.K. Puri, District- Patna.
5. The State of Bihar through the Chief Secretary, Bihar, Patna.
6. The Principal Secretary, Education Department, Bihar, Patna.
7. Director, Administration-cum-Special Secretary, Education Department,
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brisketu Sharan Pandey, Advocate
For the State : Mr. S.S. Tiwary, AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 24-03-2026 Following is the relief sought for in the present
appeal:-
“1. That this Letters Patent Appeal is
being preferred against the judgment/order dated
18.10.2019, passed by Hon'ble Mr. Justice
Patna High Court L.P.A No.1485 of 2019(4) dt.24-03-2026
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Madhuresh Prasad in CWJC No.3240 of 2015 and
other analogous cases, whereby and whereunder his
Lordship has been pleased to allow the writ
applications and has held that the petitioners in the
connected and analogous writ applications were
similarly situated as the beneficiaries of the
judgment of the Apex Court in the case of Civil
Appeal no.8226 and 8227/2012 the Hon'ble Court
thereafter has issued direction that the State
Government should extend the same benefits to
Members of the other Branches of the SES Cadre,
who are petitioners in these wit petitions, as has
been done for the Members of the Teaching Branch
(Male & Female). It has been further directed that
while doing so, it would be open to the State
Government to work out the modalities for
extending the benefits maintaining uniformity
between Members of the various Branches of the
Subordinate Education Service Cadre having regard
to the various relevant considerations for an
effective, non-discriminatory treatment. It has been
further directed that the State Government should
work out the modalities for extending the benefits of
the State Government resolution dat-ed 07.07.2006
to the petitioners/respondents 1" set without undue
delay preferably within three months from the date
of receipt/production of the order dated
18.10.2019.”
2. The present intra Court appeal has been preferred
against the order dated 18.10.2019 passed in C.W.J.C. No. 3240
of 2015. Against the said order, an intra Court appeal was also
preferred on behalf of State, which was numbered as L.P.A. No.
Patna High Court L.P.A No.1485 of 2019(4) dt.24-03-2026
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27 of 2020, which was disposed of vide order dated 01.12.2021,
which is reproduced hereinbelow:-
“The instant appeal has been preferred
by the State of Bihar against the order dated
18.10.2019 passed in CWJC No. 3240/2015 titled as
Bidya Bhushan Kumar and Ors. Vs. The State of
Bihar and Ors. whereby, the learned single Judge
has allowed the writ petition by extending the
benefit of State Government’s Resolution No.1209
dated 07.07.2006 to the members of the various
branches of the Bihar Subordinate Education
Service Cadre.
Learned counsel for the appellants seeks
permission to withdraw the appeal reserving liberty
to file an application seeking review of the aforesaid
judgment .
Permission granted.
The present appeal stands disposed of as
withdrawn with liberty aforesaid.
The period for which the appeal was
pending shall be excluded for the purpose of
limitation.
Interlocutory Application(s), if any, shall
stand disposed of.”
3. Learned counsel for the appellant seeks permission
to withdraw the present appeal with liberty to participate in
Civil Review application No. 66 of 2022, which has been
preferred by the State, wherein the appellant is a respondent.
4. Permission is accorded.
5. Accordingly, the present intra Court appeal stands
Patna High Court L.P.A No.1485 of 2019(4) dt.24-03-2026
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dismissed as withdrawn with the aforesaid liberty.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sachin/-
U
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