Manju Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5259 of 2025 ====================================================== 1.
Manju Kumari Wife of Chandra Bhushan Singh Resident of Village-Chak Muzaffar Police Station Navkoti, District-Begusarai. 2.
Renu Kumari Wife of Late Shiv Kumar Lal Resident of Village-bari Aat, Police Station-Ben, District-Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary Health Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Health Department, Government of Bihar, Patna.
3.
The Director In Chief (Nursing) Health Services, Bihar, Patna. 4.
The Superintendent, Patna Medical College and Hospital. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh, Advocate For the Respondent/s :
Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioners as well as learned counsel for the respondents-State.
2. This writ application has been filed by the petitioners for issuance of an appropriate order/orders, direction/directions writ in the nature of mandamus directing/commanding to the respondents to grant promotion with consequential benefits with statutory interest on the post of Nursing Superintendent and Deputy Nursing Superintendent respectively with effect from date of seniority to the petitioners for the ends of justice.
Patna High Court CWJC No.5259 of 2025(2) dt.04-04-2025 2/3
3. It is submitted by the learned counsel for the petitioners that petitioner no.1 was appointed on the post of Staff Nurse on 22.09.1989 at Patna Medical College and Hospital and thereafter she was posted as Ward Sister at Patna Medical College and Hospital where she finally retired from service on 04.01.2025. Petitioner no.2 was appointed on the post of Staff Nurse at Patna Medical College and Hospital and thereafter she was also posted as Ward Sister at Patna Medical College and Hospital, where she finally retired on 31.03.2025 during the pendency of the present writ application.
4. It is the case of the petitioners that based on the seniority list, the petitioners are entitled to be given the benefit of promotion. The petitioner no.1 has claimed the benefit of promotion on the post of Nursing Superintendent and the petitioner no.2 has claimed the benefit of promotion on the post of Deputy Nursing Superintendent. They claim that they should given the promotion and its benefits from the date of seniority. For claiming the aforesaid reliefs both the petitioners have already filed a common representation on 18.10.2024 (Annexure-5) which continues to be pending till date. The petitioners submit that they would be satisfied if their common representation is disposed of by the Additional Chief Secretary,
Patna High Court CWJC No.5259 of 2025(2) dt.04-04-2025 3/3 Health Department, Government of Bihar, Patna (respondent no.2) within a time frame.
5. The learned counsel appearing for the State has no objection to the above prayer of the learned counsel for the petitioners.
6. In light of the above, the respondent no.2, Additional Chief Secretary, Health Department, Government of Bihar, Patna is directed to decide the common representation filed by the petitioners dated 18.10.2024 (Annexure-5) within a period of three months from the date of production of a copy of this order.
7. The order passed by the respondent no.2 shall be reasoned and speaking order after giving an opportunity of hearing to the petitioners. The petitioners are further given the liberty to supplement their grounds given in the representation by filing a supplementary representation if they so desire within two weeks from the date of this order.
8. With the aforesaid observation and direction this writ application is disposed of.
(Alok Kumar Sinha, J) Prakash Narayan U