Patna High Court
Archana BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed the Principal Secretary, Health Department, to pass a reasoned order on the petitioner's representation within 90 days, and disposed of the writ petition.
Summary
Archana Bharti, a staff nurse, filed a writ petition seeking promotion from Nursing Grade ‘A’ to Ward Sister (Pay‑Scale Level‑8), alleging that similarly situated colleagues had been promoted while her representation remained pending. She claimed the denial was arbitrary and requested that the promotion be granted with backdated benefits. The State argued that a censure had been recorded against her and that her appeal was pending, with her representation still under consideration. The Court examined whether the authorities had acted arbitrarily and whether a writ could compel the promotion. It held that the matter required a reasoned decision by the Principal Secretary, Health Department, and therefore directed the authority to pass a speaking order within 90 days. The petition was subsequently disposed.
Issues considered
- Whether the petitioner is entitled to promotion to Ward Sister on the basis of similar circumstances.
- Whether the denial of promotion amounts to arbitrary action warranting a writ.
- Whether the court can direct the promotion or must only order a reasoned decision by the authority.
Subjects
- promotion
- nursing
- administrative law
- writ jurisdiction
- arbitrary action
- reasoned order
- public service
- health department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6639 of 2026
======================================================
Archana Bharti Wife of Sanjay Kumar Resident of Village- Sandalpur Gaon
Panchit Gali, P.O.- Mahendru, P.S.- Sultanganj, District- Patna, Bihar-
800006.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Health Department, Govt. of
Bihar, Patna, P.S.- Sachivalay, Distt.- Patna.
2. The Principal Secretary, Health Department, Govt. of Bihar, Patna, P.S.-
Sachivalay, Distt.- Patna.
3. The Director-in- Chief, Principal Secretary, Health Department, Govt. of
Bihar, Patna, P.S.- Sachivalay, Distt.- Patna.
4. The Director, Principal Secretary, Health Department, Govt. of Bihar, Patna,
P.S.- Sachivalay, Distt.- Patna.
5. The Superintendent, Patna Medical College and Hospital, Patna, P.S.-
Sachivalay, Distt.- Patna.
6. Smt. Kumari Renu Singh, Staff Nurse, (O.PS) Patna Medical College,
Hospital, P.S- Pirbahore, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyadarshna, Advocate
For the Respondent/s : Mr. Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-04-2026 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 an appropriate writ, order,
direction, to grant promotion to the petitioner
from Nursing Grade ‘A’ to the post of Ward
Sister/Nursing Sister (Pay-Scale Level-8) as
others based on Similar Circumstances have
Patna High Court CWJC No.6639 of 2026(2) dt.30-04-2026
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been granted and petitioner has been denied
in arbitrary manner.
II. For issuance of an appropriate writ, order,
direction to consider and grant the promotion
in favour of petitioner as others have been
granted vide Annexure-2.
III. For issuance of an appropriate writ, order,
direction to grant promotion claimed after its
consideration with effect from the date others
have been granted with all benefits.
IV. For issuance of an appropriate writ, order,
direction granting any other relief or reliefs
for which petitioner is found entitled.”
3. Learned counsel for the petitioner submits that for
fulfillment of her grievance, she has filed representation vide
Annexure-P/5 before the authorities concerned, but no decision
has been taken as yet.
4. Learned counsel for the State submits that censure
has been marked against the petitioner, against which the
petitioner has preferred appeal, but it transpires that
representation of the petitioner is pending.
5. In this view of the matter, it is hereby directed to
the Principal Secretary, Health Department, Govt. of Bihar,
Patna, (Respondent no.2) (now Additional Chief Secretary), to
pass a reasoned and speaking order on the petitioner’s
Patna High Court CWJC No.6639 of 2026(2) dt.30-04-2026
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representation (Annexure-P/5) completely in accordance with
law, within 90 days from the date of receipt of a copy of this
order.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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