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Patna High Court

Sabita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is disposed without granting the reliefs, and the pending representation of the petitioners is to be decided within six weeks.

Summary

The petitioners, a group of Staff Nurses Grade‑A employed at Jawahar Lal Nehru Medical College and Hospital, Bhagalpur, filed a writ petition seeking a mandamus directing the State of Bihar and its health officials to promote them to the post of Ward Sister/Nursing Sister, citing similar promotions granted to other nurses on 20‑12‑2024. They also sought consequential benefits from the date of such promotion. The petition also referenced a pending representation dated 07‑11‑2025 before the Director, Health Department, which the petitioners asked to be disposed of by a reasoned order. The respondents did not oppose the disposal of the pending representation. The Court, after hearing counsel, ordered that the pending representation be decided within six weeks by a reasoned order and consequently disposed of the writ application without granting the reliefs sought. Thus, the petition was dismissed and the matter of promotion was left to be addressed in the pending representation.

Issues considered

  • Whether the petitioners are entitled to promotion from Staff Nurse Grade‑A to Ward Sister/Nursing Sister on the basis of similar promotions granted to other nurses.
  • Whether a writ of mandamus can be issued directing the State and its health officials to effect such promotion and grant consequential benefits.

Subjects

  • promotion
  • mandamus
  • writ jurisdiction
  • health department
  • administrative law
  • staff nurse

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1014 of 2026
     ======================================================
1.    Sabita Kumari Daughter of Lal Bahadur Rai, At present working as a Staff
      Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
      Bhagalpur.
2.   Archana Kumari, Daughter of Suresh Mandal, At present working as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
3.   Kanaklata Kumari, Daughter of Suryya Kumar Paswan, At present working
     as a Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
     Hospital, Bhagalpur.
4.   Ranju Kumari, Wife of Pramod Kumar Paswan, At present working as a
     Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
     Hospital, Bhagalpur.
5.   Shashilata, Wife of Balram Kumar Das, At present working as a Staff Nurse
     Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
6.   Kumkum Kumari, Wife of Praveen Kumar, At present working as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
7.   Munni Kumari, Wife of Manoj Kumar Dinkar, At present working as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
8.   Kumud Kumari, Wife of Bateshwar Sahni, At present working as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
9.   Suman Bharti, Daughter of Bachneshwar Prasad Singh, At present working
     as a Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
     Hospital, Bhagalpur.
10. Kanchan Kumari, Wife of Sunil Kumar Suman, At present working as a
    Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
    Hospital, Bhagalpur.
11. Ambuj Lata Amar, Wife of Ram Murti Kumar Singh, At present working as
    a Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
    Hospital, Bhagalpur.
12. Sarita Kumari, Wife of Dilip Kumar, At present working as a Staff Nurse
    Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.
13. Punam Bharti, Wife of Bishwanath Prasad, At present working as a Staff
    Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.
14. Mintu Kumari, Wife of Jitendra Kumar, At present working as a Staff Nurse
    Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.

                                                              ... ... Petitioner/s
                                      Versus
         Patna High Court CWJC No.1014 of 2026(2) dt.03-02-2026
                                                     2/3




           1.    The State of Bihar through the Principal Secretary, Health Department,
                 Bihar, Patna.
           2.    The Director, Health Department, Govt. of Bihar, Patna.
           3.    The General Administration Department, Bihar, Patna.
           4.    The Commissioner, Health Department, Bhagalpur.
           5.    The Superintendent, Jawahar Lal Nehru Medical College and Hospital,
                 Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devi Das Srivastava, Advocate
                 For the Respondent/s     :       Mr. Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-02-2026                 Heard learned counsel for the petitioners and learned

                   counsel for the respondents.

                               2. The petitioners have filed this writ application for

                   grant of following reliefs:-

                                                         “(a) For issuance of writ in the
                                        nature      of     mandamus         directing       and
                                        commanding         the    respondents         to   grant
                                        promotion to the petitioners from the post of
                                        Staff Nurse Grade-A to the Post of Ward
                                        Sister/Nursing Sister on the basis of similar
                                        situated Staff/Nurses Grade-A who appointed
                                        with the petitioners have been promoted on the
                                        post of Ward Sisters/Nursing Sisters vide order
                                        dated 20.12.2024 passed by the Direction-in-
                                        Chief, Health Department, Directorate, Health
                                        Service, Govt. of Bihar, Patna.
            Patna High Court CWJC No.1014 of 2026(2) dt.03-02-2026
                                                        3/3




                                                        (b) For issuance of writ in the nature
                                         of mandamus directing and commanding the
                                         Respondents that after granting promotion to
                                         the     petitioners         on   the   post   of   Ward
                                         Sisters/Nursing Sister, the consequential benefits
                                         may also be allowed from the date of said
                                         promotion.
                                                      (c) To grant any other relief or reliefs
                                         under which the petitioner found entitled to the
                                         facts and circumstances of the case.”

                                  3. At the very outset, learned counsel for the petitioners

                      submit that he would be contended with the fact that his

                      representation dated 07.11.2025 pending before the respondent

                      no.2, contained in Annexure- P/17, may be disposed of after due

                      consideration by a reasoned and speaking order.

                                  4. Learned counsel for the State has no objection.

                                  5. In the interest of justice, let the representation of the

                      petitioners be disposed of within six weeks from today by passing

                      a reasoned and speaking order in accordance with law and the

                      same be communicated to the petitioners.

                                  6. The writ application stands disposed of in the

                      aforesaid terms.


                                                (Praveen Kumar, J)
Ranjeet/-
U


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