Rakesh Kumar Bishwas vs The State Of Bihar
2026 Latest Caselaw 260 Patna

Patna High Court

Rakesh Kumar Bishwas vs The State Of Bihar on 2 February, 2026

Author: Harish Kumar

Bench: Harish Kumar

         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
1.   The State of Bihar represented through the Additional Chief Secretary,
     Education Department, Government of Bihar, Patna.
2.   The Director, Primary Education, Government of Bihar, Patna.
3.   The District Magistrate, Araria.
4.   The District Education Officer, Araria.
5.   The District Programme Officer (Establishment), Araria.
6.   The Block Education Officer, Jokihat Block, District Araria.
7.   The Gram Panchayat Raj Prasadpur, Block Jokihat, District Araria
     represented through its Panchayat Secretary.
8.   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.

                     2. 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

Appellate Authority, Araria, Bihar (in short 'Appellate

Authority') in Appeal Case No. 29 of 2017.

3. 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.

4. Counter Affidavit as well as Supplementary

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

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.

6. 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.

7. Be that as it may, considering the fact that the Patna High Court CWJC No.8749 of 2025 dt.02-02-2026

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.

8. The writ petition stands disposed of.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
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Uploading Date          03.02.2026
Transmission Date       NA