Patna High Court
Subodh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Letters Patent Appeal is dismissed as wholly misconceived because the relief sought had already been granted in the writ petition.
Summary
Subodh Kumar Singh appealed to the Patna High Court challenging a single judge's order dismissing his writ petition that sought payment of salary and compensation for his service as a guest teacher from July 2018 to February 2022, based on a departmental memo and a Lokayukta order. The respondent education officials contended that the petitioner had already been paid and that no further relief was available. The single judge accepted this contention and dismissed the petition, a position the petitioner did not contest. On appeal, the court observed that the petitioner had already obtained the relief sought in the writ petition, rendering the letters patent appeal misconceived. Consequently, the appeal was dismissed.
Issues considered
- What is the effect of a writ petition being dismissed after the relief sought has already been granted?
- Whether a Letters Patent Appeal is maintainable when the relief sought is already obtained.
Subjects
- salary
- guest teacher
- writ of mandamus
- letters patent appeal
- Lokayukta order
- education department
- mootness
- relief already granted
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.165 of 2025
In
Civil Writ Jurisdiction Case No.7566 of 2022
======================================================
Subodh Kumar Singh son of Late Diwakar Prasad Singh, Resident of village-
Bora, P.O. Chaknathu, P.S. Amdanda, District- Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. That Director, Secondary Education, Directorate Secondary Education,
Education Department, Govt. of Bihar Patna.
3. The District Education Officer, Education Department, Munger, District-
Munger.
4. The District Programme Officer (DPO), Rashtriya Madhyamik Shiksha
Abhiyan, Education Department, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandrasekhar Sharma, Advocate
For the Respondent/s : Mr. Additional Advocate General (13)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-02-2026
This Letters Patent Appeal has been filed by Subodh
Kumar Singh challenging the order dated 16.01.2025 passed by
the learned Single Judge in C.W.J.C. No. 7566 of 2022. The writ
petition was filed seeking the following reliefs:-
" (i) For issuance of writ or writs in the
nature of mandamus commanding and directing the
respondents concerned to pay the salary amount
from 05.07.2018 to 08.02.2022 along with
witnesses in view of Memo No. 09 dated
Patna High Court L.P.A No.165 of 2025 dt.23-02-2026
2/3
12.01.2022 issued by the Respondent No.-2,
Director, Secondary Education, Patna as well as
compensation amount for deliberate and knowingly
harassing the petitioner debarring from legal
service for the said post.
(ii) For holding and declaration that
petitioner deserves to get the salary amount for the
period 05.07.2018 to 08.02.2022 and the
compensation amount in view of Memo No.-09
dated 12.01.2022 and in view of order dated
09.02.2022 passed by 'Lokayukta' in Complaint
Case No.-33/2021."
2. In paragraph 18 of the counter affidavit filed by
Respondent No. 4 in C.W.J.C. No. 7566 of 2022, by one
Kamlesh Kumar, District Programme Officer, Munger, it has
been stated as follows:-
"18. That hence from the above-
mentioned facts and circumstances it is manifestly
clear that the petitioner already paid for the period
for which he gave his service as a guest teacher
and there is no any other relief available to the
petitioner which has to be fulfilled by the
answering respondent. Therefore, the present writ
petition is fit to be dismissed. The Hon'ble Court
may be pleased to disallow this petition and
dispose the same at the admission stage itself."
3. The learned Single Judge has taken note of the
aforesaid paragraph and, after due consideration, has passed the
Patna High Court L.P.A No.165 of 2025 dt.23-02-2026
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impugned order. This position has not been rebutted by the
learned counsel for the petitioner.
4. Since the writ petitioner has already been granted
the relief sought in the writ petition, the present Letters Patent
Appeal is wholly misconceived and is, accordingly, dismissed.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 24.02.2026
Transmission Date
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