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Patna High Court

Rajiv Nayan PrasannaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                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
                                                         3/3




                       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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