Manju Kumari vs State of Bihar

Dr. Anshuman, J

Heard learned Counsel for the petitioners and learned Counsel for the State.

The present writ petition has been filed with the following reliefs:-

“(a) For issuance of writ in the nature of mandamus directing and commanding the Respondents to grant promotion to the petitioners from the Post of Staff 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.”

Learned Counsel for the petitioners submits that for the fulfillment of their grievances petitioners along with others have filed representation before respondent No.2, the Director, Health Department, Government of Bihar, Patna, but no decision has been taken at the level of respondent No.2.

Learned Counsel for the State opposes the prayer of the petitioners and submits that from Annexure-P/21, it is not clear that any such representation has been received.

Upon going through the documents, it transpires to this Court that from the pleading also it is not clear that on what date the representation was made. Therefore, this Court is of the firm view that this representation is no representation.

In this view of the matter, this writ petition is disposed off granting liberty to the petitioners that they shall file fresh representation before the respondent No.2 along with a copy of this order within 30 days from today and respondent No.2, the Director, Health Department, Government of Bihar, Patna, shall decide the representation of the petitioners within 90 days thereafter.