The court emphasized the obligation of state authorities to comply with judicial orders pending appeal.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

5 30-01-2026 Heard learned Advocate for the respective parties.

2. On the last occasion, i.e. on 21.11.2025, when the matter was taken up, this Court having taken note of the fact that Letters Patent Appeal, bearing L.P.A. No. 789 of 2025, has been filed against the order under contempt, however, till date it is pending before the ‘Lawazima’ and defects are still lying with the afore noted appeal and have not been removed, in such circumstances, this Court observed as follows:

“6. Learned Advocate for the petitioner further apprised this Court that the petitioner has not been allowed even the current salary in the regular pay scale, besides non-

compliance of the order of this Court. It is also submitted that a letter has been issued at the level of the Chief Secretary of the Government of Bihar, dated 23.01.2023 under memo no. 114 with a clear stipulation that in case the Letters Patent Appeal is preferred against an order passed by the learned Single Judge and there is no interim stay, in those cases the respondent authorities are obliged to ensure compliance of the order of the learned Single Judge, subject to the final outcome of the Letters Patent Appeal. The Letters Patent Appeal is yet pending for removal of the defects.

7. Considering the submissions advanced, let a supplementary show cause affidavit be filed on behalf of the State clarifying the position as noted hereinabove, especially at one hand, the State authorities issued pay verification certificate in favour of the petitioner, in compliance with the order of this Court, on the other hand, preferred appeal.”

3. Despite the aforesaid observation and direction to ensure filing of a supplementary show-cause affidavit on behalf of the State clarifying the position, till date neither the supplementary show-cause affidavit has been filed nor the order under contempt is complied with even conditionally, this Court left with no option but to direct the Additional Secretary, Department of Higher Education to look into the matter and ensure filing of a supplementary show-cause affidavit in the light of the order passed by this Court dated 21.11.2025 preferably within a period of two weeks.

4. Re-notify this case on 13.02.2026.

(Harish Kumar, J)