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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9803 of 2026 ======================================================
1. Chandan Kumar S/o Mr. Brinda Singh, R/o Vill Baknaura, P.O - Baknaura, P.S Rohtas, Distt, Rohtas, Bihar.
2. Pramod Kumar, S/o - Late Gora Singh, R/o - Village-Yogini, P.O- Koath, P.S. - Koath, Dist- Rohtas, Bihar. ... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Dept. of Education, Govt. of Bihar, Patna.
2. The President, DAV College Managing committee, Chitragupta Road New Delhi-110055.
3. The General Secretary, DAV College Managing committee, Chitragupta Road New Delhi- 110055.
4. The Director (PS - II) DAV College Managing committee, Chitragupta Road New Delhi- 110055.
5. The Dy. Regional Officer, DAV School Organisation, Bihar Zone - E, BSEB Colony Patna.
6. The Principal, DAV Public School, Lajpat Rai Nagar, Katar, Dehri-on-sone, Rohtas, Bihar.
7. Dist. Education Officer, Fazal Ganj Sasaram, Rohtas. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Mishra, Advocate For the Respondent/s : Mr.Government Pleader (18) ======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 20-07-2026 Heard learned counsel for the petitioners and learned counsel for the State.
2. The writ petition has been filed for the following reliefs :- That by way of this writ application petitioner No- 1& 2 seeks indulgence of this Hon'ble court for issuance of appropriate writ/order/direction in the nature of Certiorari commanding the respondent authority to quash the
order contained in memo PS/Lajpat Nagar/Dehri- on-sone/G-5/Dy. 21946 dated 12. 2019 issued by
Patna High Court CWJC No.9803 of 2026(2) dt.20-07-2026 2/3 Dr. Nisha Peshin, Director (PS-II) and oral order passed by principal DAV Public School, Lajpat Rai Nagar Katar, Dehri-on-sone. This memo of appeal has been preferred on behalf of the petitioners with humble prayer to reinstate the petitioners of the post of PRT regular computer Teacher at DAV Public School Lajpat Nagar, Katar, Dehri-on-sone Rohtas Bihar, together with the payment of unpaid outstanding salary of the petitioners since the month of April 2021 till date. Further for issuance of appropriate writ / Order/ Direction upon the respondents to which the petitioner is found to be entitled too in the facts and circumstances of this case.
3. Learned counsel for the petitioners, by referring to the two orders passed by the District Appellate Authority, Rohtas at Sasaram, as contained in Annexure-P/20 and Annexure-P/21 in Appeal No. 14 of 2020 and Appeal No.15 of 2020 respectively, submits that the District Appellate Authority has already adjudicated the petitioner's claim and directed the respondent-school to reinstate the petitioners in service and pay the outstanding dues up to the year 2020 at par with the other teachers of the school vide order dated 23.12.2025. It is further submitted that, instead of complying with the said order or challenging the same before the appropriate forum, the respondent-school has proceeded to pass certain orders in complete disregard of the orders passed by the District Appellate Authority. Since the said order of the authority has
Patna High Court CWJC No.9803 of 2026(2) dt.20-07-2026 3/3 attained finality, it is prayed that liberty be restored to the petitioners to initiate execution proceedings before the District Appellate Authority, Rohtas at Sasaram, for carrying out the orders passed in his case, as mentioned aforesaid.
4. Considering the fact that there already exists an
order capable of execution and that the order passed by the District Appellate Authority can be carried to its logical conclusion through execution proceedings, the petitioners are
directed to take recourse to appropriate execution proceedings, if not already initiated, forthwith. In the event an execution case is filed, or if one has already been instituted and is pending, it is expected that the same shall be concluded within a period of three months from the date of filing of appropriate application for execution of the order appending a copy of the order passed in this case. It is made clear that, under no circumstances, shall the execution proceedings continue without any valid reason beyond a period of three months from the date of filing of such application.
5. Accordingly, the writ petition stands disposed of.
sharun/- (Ajit Kumar, J) U