Patna High Court
Rajiv Nayan PrasannaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition was disposed with directions for the petitioner to file a fresh representation and for the respondents to decide the pending representations within stipulated time‑frames, without granting mandamus.
Summary
The petitioner, a contractual computer operator at the Medical Education Unit of Patna Medical College, filed a writ petition seeking a mandamus directing the State of Bihar and its health officials to pay his salary arrears and regularize his services after 16 years of service. He had previously submitted representations to the Principal of Patna Medical College on 14‑11‑2025 and to the Director‑In‑Chief of the Directorate of Health Services on 16‑02‑2026, but no orders had been issued. The State argued that the petitioner was a contractual employee and that the pending representations remained unanswered. The Court examined whether it could compel the respondents to decide the representations and found that the appropriate remedy was to order the filing of a fresh representation and set time‑limits for the respondents to rule on the matters. Accordingly, the Court directed the petitioner to file a fresh representation within 30 days before the Principal and directed the Principal to decide within 60 days, and the Director‑In‑Chief to decide within 90 days. The writ petition was therefore disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to payment of salary arrears as a contractual employee
- Whether the petitioner is entitled to regularization of his services after long‑term service
- Whether the High Court can issue a mandamus directing the respondents to decide pending representations
Subjects
- salary arrears
- regularization
- mandamus
- contractual employee
- public health department
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3985 of 2026
======================================================
Rajiv Nayan Prasanna S/o Shailendra Prasad Singh R/o T.N. Path,
Chidaiyatad, Phulwari, Patna- G.P.O., P.S.- Phulwari, Dist.- Patna, Bihar-
800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Govt. of Bihar, Patna.
2. The Director In Chief (Disease Control and Public Health and Para
Medical), Directorate of Health Services, Bihar, Patna.
3. The Principal, Patna Medical College, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mayuri, Advocate
For the Respondent/s : Mr. Standing Counsel (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of a direction, order or writ,
including a writ in the nature of Mandamus
directing the Respondent Authorities to take
immediate steps to make Payment of the
arrears of salary to the petitioner as his salary
has been arbitrarily reduced by the
Respondent Authorities.
II. For issuance of a direction, order or writ,
including a writ in the nature of Mandamus
directing the Respondent Authority to consider
the case of the petitioner for regularization of
services as he has been discharging his duties
Patna High Court CWJC No.3985 of 2026(2) dt.23-03-2026
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affectively and efficaciously for 16 years.
III. For issuance of any other relief/reliefs
which it may deem to be fit and proper with
the facts and circumstances of the present
case.”
3. Learned counsel for the petitioner submits that the
petitioner has filed representations before the Principal, Patna
Medical College, Patna dated 14.11.2025 (Annexure-P/7) as
well as before the Director in Chief (Disease Control and Public
Health and Para Medical), Directorate of Health Services, Bihar,
Patna dated 16.02.2026 (Annexure-P/8).
4. Learned counsel for the State submits that
admittedly, from the pleadings, it become clear that the
petitioner was a contractual employee posted at Medical
Education Unit as Computer Operator on a fixed amount.
Counsel submits that for the payment of the fixed amount, he
has filed representation before the Principal, Patna Medical
College, Patna and for regularization, he has filed representation
before the Director in Chief (Disease Control and Public Health
and Para Medical), Directorate of Health Services, Bihar, Patna.
5. Upon the specific query of the Court that whether
any order has been passed on the petitioner’s representation or
not, counsel for the State submits that till date, no order has
Patna High Court CWJC No.3985 of 2026(2) dt.23-03-2026
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been passed on the petitioner’s representation.
6. As such, this Court hereby directs the petitioner to
file a fresh representation along with a copy of this order in the
light of every grievance relating to payment within 30 days from
today before the Principal, Patna Medical College, Patna
(Respondent no.3). Upon receipt of the same, the Respondent
no.3 shall pass order considering the entitlement of the
petitioner, within 60 days thereafter.
7. So far as representation of the petitioner filed
before the Director in Chief (Disease Control and Public Health
and Para Medical), Directorate of Health Services, Bihar, Patna
(Respondent no.2) is concerned, the Respondent no.2 is also
directed to pass order on the petitioner’s representation dated
16.02.2026 (annexed as Annexure-P/8), within 90 days from the
date of production of a copy of this order.
8. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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