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Patna High Court

Archana BhartiversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                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
                                                         3/3




                       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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