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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed with the direction that the petitioner must file a fresh representation before the Director‑in‑Chief, who must decide it within 90 days, and no immediate relief is granted.

Summary

Sunil Kumar, a health‑worker, filed a writ petition seeking that his appointment as TB Attendant be recognized from 19‑02‑2002, with seniority, salary and notional service benefits as if he had joined on that date. He alleged that a later notification placed other candidates below him in the merit list, depriving him of his rightful benefits. The State argued that no decision had been taken on his earlier representation and that he must file a fresh representation before the Director‑in‑Chief. The Court directed the petitioner to file a fresh representation within 30 days, raising all grievances, and directed the Director‑in‑Chief to pass a reasoned order within 90 days in accordance with Clause 4.C of the Bihar State Litigation Policy, 2011. With these directions, the writ petition was disposed without granting the substantive relief claimed.

Issues considered

  • Whether the petitioner is entitled to be deemed to have joined on 19‑02‑2002 and to receive seniority and notional service benefits.
  • Whether the respondents are obligated to decide the petitioner’s grievances by passing a reasoned order under Clause 4.C of the Bihar State Litigation Policy, 2011.

Subjects

  • seniority
  • service benefits
  • writ petition
  • health department
  • representation
  • Bihar State Litigation Policy

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1716 of 2022
     ======================================================
     Sunil Kumar Son of Sri Shatrudhan Sharma, Resident of Tarwan, P.S. - Ghosi,
     District - Jahanabad, Posted at Primary Health Center Bakhtiyarpur and at
     present on deputation at Primary Health Center Dhanarua.

                                                                   ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through Principal Secretary, Department of Health,
     Government of Bihar, Patna.
2.   The Director in Chief, Department of Health, Government of Bihar, Patna.
3.   Additional Director, Tuberculosis Demonstration and Training Centre,
     Agamkuan, Patna.
4.   Civil Surgeon cum Chief Medical Officer, Patna.
5.   District Provident Fund Officer, Patna.
6.   Accountant General, Bihar Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Naresh Chandra Verma, Advocate
     For the Respondent/s   :        Mr. Pankaj Kumar (SC-12)
                                     Mr. Anuj Kumar, AC to SC-12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 20-01-2026


                  Heard learned Counsel for the petitioner and learned

      Counsel for the State.

                  2. The present writ petition has been filed by the

      petitioner with the following reliefs:-

                                         “(i) To accept the joining of the
                                petitioner to his post with effect from
                                19.02.2002 for the post of T.B. Attendant,
                                Category-11    the    date    on     which       the
                                Notification appointing other candidates
Patna High Court CWJC No.1716 of 2022 dt.20-01-2026
                                            2/3




                                 placed below in the merit list than that of
                                 petitioners was issued.
                                              (ii) For further commanding the
                                 respondents to fix the seniority of the
                                 petitioners as per the merit list and to grant
                                 all notional benefits of continuous service
                                 and seniority as may be available to the
                                 candidates appointed from the same merit
                                 list occupying just below the petitioners.
                                              (iii)   For    further   commanding
                                 respondents to fix the salary of the
                                 petitioners after granting notional benefit
                                 treating     the     date   of   appointment    as
                                 19.02.2002 for the post of T.B. Attendant.
                                              (iv) For further commanding the
                                 respondents to pay all the consequential
                                 monetary benefits to the petitioner with
                                 effect from the date on which Petitioner
                                 pensioner        has    been     appointed,    i.e.
                                 18.03.2005.”
                     3. Learned Counsel for the petitioner submits that for

         his grievance he has filed representation before the Director-in-

         Chief, Department of Health, Government of Bihar, Patna

         (respondent No.2).

                     4. Learned Counsel for the State submits that till date

         no decision has been taken on his representation. He submits

         that the petitioner ought to file fresh representation before the
             Patna High Court CWJC No.1716 of 2022 dt.20-01-2026
                                                        3/3




                      Director-in-Chief, Department of Health, Government of Bihar,

                      Patna (respondent No.2) for all his grievances which he has

                      mentioned in the writ petition.

                                         5. In this background, it is directed to the

                      petitioner to file a fresh representation before the Director-in-

                      Chief, Department of Health, Government of Bihar, Patna

                      (respondent No.2) within 30 days raising all his grievances and

                      the Director-in-Chief, Department of Health, Government of

                      Bihar, Patna (respondent No.2) shall pass a reasoned and

                      speaking order on his representation considering Clause 4.C of

                      the Bihar State Litigation Policy, 2011within 90 days thereafter.

                                         6. With the aforesaid direction, this writ petition

                      is disposed off.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.01.2026
Transmission Date


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