Patna High Court
Km. Prerna Tiwari vs The State Of Bihar on 16 September, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15282 of 2025
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Km. Prerna Tiwari D/o Sunil Kumar Tiwari, R/o Village- Kusaundhi,
Kasauni, PS- Mirganj, Gopalganj, Bihar- 841436.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Vikash Bhawan, Bailey Road, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The District Education Officer, Gopalganj.
4. The District Programme Officer, Establishment, Gopalganj.
5. The Block Education Officer, Hathua, Gopalganj.
6. Member Secretary-cum-Panchayat Secretary, Panchayat Niyojan Unit, Gram
Panchayat Raj Kandhgopi, Hathua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suman Kumar, Adv.
For the Respondent/s : Dr. Md. Raisul Haque, SC 10
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 16-09-2025
Heard the parties.
2. Learned Advocate for the petitioner fairly
submitted before this Court that despite the order passed by the
District Appellate Authority, Gopalganj in Appeal No. 106 of
2024 vide order dated 26.06.2024-27.06.2024 directing the
authorities to reinstate the petitioner in service within fortnight
with back wages, till date the order has not been given effect to,
compelling the petitioner to approach this Court.
3. Learned Advocate for the State has made a
preliminary objection with regard to the maintainability of the
writ petition and submitted that by filing the present writ
petition, the petitioner has tried to demean the majesty of the
Court by making it to be an Executing Court. He further submits
Patna High Court CWJC No.15282 of 2025 dt.16-09-2025
that there is already a provision under Rule 16 of the Bihar State
Teaching Institutions Teachers and Employees (Dispute
Redressal and Appeal) Rules, 2020 (hereinafter referred to as
"Rules 2020") where she can approach the Appellate Authority
for redressal of the grievance raised in the writ petition.
4. Having considered the nature of the grievance, this
Court does not find any reason or occasion to entertain the writ
petition. Accordingly, the present writ petition stands disposed
of with liberty to the petitioner to move before the Appellate
Authority for execution of the order by filing an appropriate
application in terms of Rule 16 of the Rules, 2020, along with a
petition for condonation of delay, preferably within a period of
four weeks from today. In case, such application(s) is filed, the
same shall be considered by the Appellate Authority and
disposed of without undue delay, in accordance with law.
5. The writ petition stands disposed of with liberty
aforesaid.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 16.09.2025.
Transmission Date
