Rakesh Kumar Bishwas Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rakesh Kumar Bishwas Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a hope and expectation that the State Appellate Authority shall expedite Appeal No. 279/2025 and bring it to its logical conclusion at the earliest.

Issue for consideration

Whether the respondents ought to be directed to dispose of the petitioner's representation dated 04.01.2025 pending before the District Magistrate, Araria for implementation of the order dated 06.12.2023 passed in his favour by the District Teachers Appellate Authority, Araria in Appeal Case No. 29 of 2017. +1 more

Ratio / Principle

As the appeal (No. 279/2025) against the order dated 06.12.2023 passed by the Appellate Authority is pending consideration before the learned State Appellate Authority, the writ petition is disposed of with a hope and expectation that the State Appellate Authority shall expedite the appeal and bring it to its logical conclusion at the earliest.

Key takeaways

The writ petition stands disposed of.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.), by oral judgment dated 02-02-2026, disposed of a Civil Writ Jurisdiction Case filed by a Panchayat Teacher seeking a direction upon the respondents to dispose of his representation dated 04.01.2025 pending before the District Magistrate, Araria for implementation of the order dated 06.12.2023 passed in his favour by the District Teachers Appellate Authority, Araria in Appeal Case No. 29 of 2017. The Court was apprised that the District Programme Officer (Establishment), Araria had preferred Appeal No. 279/2025 against the said order before the State Appellate Authority; the appeal was heard on 08.09.2025 and 29.10.2025 and counter affidavits of the petitioner and the Panchayat Secretary were called for, with the matter pending consideration. Counsel for the petitioner pointed out that no stay of the Appellate Authority order was in operation and the petitioner had not been permitted to join his post as Panchayat Teacher. Holding that the appeal was pending before the learned State Appellate Authority, the Court disposed of the writ petition with a hope and expectation that the State Appellate Authority would expedite the appeal and bring it to its logical conclusion at the earliest. No costs or monetary relief were awarded; no statute or precedent was cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8749 of 2025

======================================================

Rakesh Kumar Bishwas, Son of Mangal Lal Bishwas, Resident of Bara, Ward No. 13, Prashadpur, Araria, Bihar-854325.

... ... Petitioner/s

Versus

The State of Bihar represented through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

The Director, Primary Education, Government of Bihar, Patna.

The District Magistrate, Araria.

The District Education Officer, Araria.

The District Programme Officer (Establishment), Araria.

The Block Education Officer, Jokihat Block, District Araria.

The Gram Panchayat Raj Prasadpur, Block Jokihat, District Araria represented through its Panchayat Secretary.

The Mukhiya of Gram Panchayat Raj Prasadpur, Block Jokihat, District Araria.

... ... Respondent/s

======================================================

Appearance : For the Petitioner/s : Mr. Kumar Ravish, Advocate For the Respondent/s : Ms. Vertika K. Kashyap, AC to AG

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-02-2026

Heard Mr. Kumar Ravish, learned Advocate for the

petitioner and Ms. Vertika K. Kashyap, learned Advocate for the State.

The petitioner by invoking the jurisdiction of this Court has sought a direction upon the respondents to dispose of his representation dated 04.01.2025 pending before the District Magistrate, Araria for implementation of the order dated 06.12.2023 passed in his favour by the District Teachers

Patna High Court CWJC No.8749 of 2025 dt.02-02-2026 2/3

Appellate Authority, Araria, Bihar (in short ‘Appellate Authority’) in Appeal Case No. 29 of 2017.

Learned Advocate for the petitioner submitted that despite the order having been passed by the Appellate Authority long back on 06.12.2023, till date the order has not been complied with and, as such, the petitioner has been compelled to approach this Court.

Counter Affidavit as well as Supplementary Counter Affidavit has been filed on behalf of respondent no.5.

This Court is apprised that against the order passed by the Appellate Authority, the answering respondent District Programme Officer (Establishment) Araria has preferred appeal, bearing no. 279/2025. The aforenoted appeal was heard and 08.09.2025 and further on 29.10.2025 and the petitioner and Panchayat Secretary have been directed to file their respective counter affidavit and the matter is pending consideration till date.

Learned Advocate for the petitioner, at this juncture, submits that admittedly there is no stay of the order passed by the Appellate Authority and the petitioner has not been allowed to join on his post, as Panchayat Teacher.

Be that as it may, considering the fact that the

Patna High Court CWJC No.8749 of 2025 dt.02-02-2026 3/3

concerned respondent has already preferred appeal against order dated 06.12.2023, passed by the Appellate Authority and now the same is pending consideration before the learned State Appellate Authority, this Court deems it fit and proper to dispose of the writ petition with a hope and expectation that the State Appellate Authority shall expedite the appeal and bring to its logical conclusion, at the earliest.

The writ petition stands disposed of.

(Harish Kumar, J)

uday/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	03.02.2026
Transmission Date	NA