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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WITHDRAWN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The intra‑court appeal is dismissed as withdrawn, with liberty granted to the appellant to pursue a review application.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State of Bihar had earlier filed an intra‑court appeal (LPA No.27 of 2020) challenging that order, but that appeal was withdrawn on 01‑12‑2021.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 The Court granted the request, dismissing the appeal as withdrawn and ordering any pending applications to be disposed of.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  • Whether the intra‑court appeal filed by the State can be withdrawn with liberty to pursue a review.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
                                                        4/4




                     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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