Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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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