Patna High Court
Simran SargamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the writ petition must be dismissed and the petitioners directed to file individual representations before the Director, who shall decide the matter according to law.
Summary
Five Grade‑A nurses 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 that similarly situated staff had been promoted by an order dated 20‑12‑2024. The petitioners also sought consequential benefits from the date of promotion. The court observed that the petitioners' representations to the health department had not been decided and remained pending. Consequently, the court disposed of the writ application, directing each petitioner to file a separate individual representation before the Director of Health Department within four weeks. The Director is then required to decide the matters in accordance with law and communicate the orders promptly.
Issues considered
- Whether the petitioners are entitled to promotion to Ward Sister/Nursing Sister on the basis of similar promotions granted to other staff nurses.
- Whether a writ of mandamus can be issued directing the promotion and consequential benefits.
- Whether the pending representations before the health department preclude the court from granting the writ.
Subjects
- promotion
- nursing
- mandamus
- administrative law
- public service
- health department
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4100 of 2026
======================================================
1. Simran Sargam Wife of Ajay Kumar Choudhary, at present posted as Grade-
A Nurse, in Jawahar Lal Nehru Medical College and Hospital, Bhagalpur.
2. Juhi Kumari, Daughter of Anil Kishor Singh, at present posted as Grade- A
Nurse, in Jawahar Lal Nehru Medical College and Hospital, Bhagalpur.
3. Renu Kumari, Wife of Chakradhar Sinha, at present posted as Grade- A
Nurse, in Jawahar Lal Nehru Medical College and Hospital, Bhagalpur.
4. Sanghmitra, Wife of Vevek Ranjan, at present posted as Grade- A Nurse, in
Jawahar Lal Nehru Medical College and Hospital, Bhagalpur.
5. Kumari Anita Choudhary, Wife of Sanjay Kumar, at present posted as
Grade- A Nurse, in Jawahar Lal Nehru Medical College and Hospital,
Bhagalpur.
... ... Petitioner/s
Versus
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 : Government Pleader (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 24-03-2026 1. Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. The petitioners have filed the instant application for the
following reliefs:
“(a) For issuance of writ in the nature of
mandamus directing and commanding the
Patna High Court CWJC No.4100 of 2026(2) dt.24-03-2026
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Respondents to grant promotion to the
petitioners from the Post of 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 Director-in-Chief, Health Department,
Directorate, Health Service Govt. of Bihar,
Patna.
(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. Having heard learned counsel for the parties and
having perused contents of the petition, it transpires that the
representations filed by the petitioners for the relief prayed in
the instant application has not been decided by the respondent
authorities and the same continues to remain pending.
4. In view of the facts and circumstances of the case, the
instant writ application is disposed of directing the petitioners to
file their separate/individual representation before the Director,
Patna High Court CWJC No.4100 of 2026(2) dt.24-03-2026
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Health Department, Government of Bihar, Patna (respondent
no.2) within a period of four weeks.
5. On filing of the representations within the aforesaid
period the respondent no.2 shall decide the same in accordance
with law and communicate the order passed thereon to the
petitioners forthwith.
6. The writ application stands disposed of with the above
observations and directions.
(Partha Sarthy, J)
Bibhash
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