Patna High Court
Sabita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
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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