Patna High Court
Sita Devi @ Sita KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The Court disposed of the Letters Patent Appeal as not pressed, permitting the appellant to withdraw it and approach the Single Judge through a writ petition.
Summary
The appellant, Sita Devi, filed a Letters Patent Appeal challenging a Single Judge's order in a civil writ case concerning her unpaid salary since 2023. During the hearing, counsel was questioned about the appellant's entitlement to salary in a writ petition filed by Respondent No.6 challenging her transfer. The appellant's counsel then sought permission to withdraw the appeal and instead approach the Single Judge via a writ petition for appropriate relief. The Court allowed the withdrawal, disposing of the Letters Patent Appeal as not pressed and granting liberty to file the writ petition. All interlocutory applications, if any, were also disposed of.
Issues considered
- Whether the Letters Patent Appeal should be allowed to proceed in view of the pending writ petition and the appellant's request to withdraw
- Whether the appellant may seek salary relief through a writ petition rather than the present appeal
Subjects
- Letters Patent Appeal
- withdrawal of appeal
- salary claim
- civil writ jurisdiction
- procedural law
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.419 of 2025
In
Civil Writ Jurisdiction Case No.4254 of 2025
======================================================
Sita Devi @ Sita Kumari, Wife of Akhilesh Kumar, Resident of Village and
P.O- Phulari, P.S- Sandesh, District- Bhojpur.
... ... Appellant/s
Versus
1. The State of Bihar Through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Bhojpur at Ara.
3. The District Program Officer (Establishment), Ara.
4. The Block Education Officer, Sandesh, Bhojpur.
5. The Panchayat Secretary, Panchayat Niyojan Ekayi, Gram Panchayat at
Khandol, District- Bhojpur at Ara.
6. Sushma Kumari Wife of Vimal Kumar Singh, Resident of Ward No.-12,
Phulari, P.S- Sandesh District- Bhojpur at Ara.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amritanshu Raj, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
Mr. Abhinav Alok, AC to AAG-13
For Respondent No. 6 : Mr. Rakesh Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 12-03-2026 This Letters Patent Appeal has been filed by the
appellant Sita Devi @ Sita Kumari challenging the order dated
18.03.2025 passed by a learned Single Judge of this Court in
C.W.J.C. No. 4254 of 2025.
2. Learned counsel for the appellant submits that the
appellant has not been paid her salary since 2023 and therefore,
necessary direction may be issued. However, after arguing for
Patna High Court L.P.A No.419 of 2025(7) dt.12-03-2026
2/2
some time when a question was posed to him that how the
appellant is entitled to get her salary in the writ petition which
was filed by Respondent No. 6 challenging her transfer order, at
this stage, learned counsel for the appellant seeks permission to
withdraw this Letters Patent Appeal with liberty to approach the
learned Single Judge by filing a writ petition seeking
appropriate relief.
3. Accordingly, the Letters Patent Appeal is disposed
of as not pressed with the liberty as aforesaid.
4. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
P.K.P./-
U
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