Dismissed¶29

Nisha Vidyarthi v. The State of Bihar

Patna HC11 May 2026CWJC/7116/2026

Case brief

AI extract

What is this about?

Service-law writ dismissed on maintainability grounds: mandamus sought directly from Patna High Court without any representation to the competent authority. Themes: regularization of waiting-posting period (24.10.2008–24.06.2009); two consecutive MACP (Modified Assured Career Progression) grants; salary-fixation arrears; Health Department, Govt. of Bihar; Director-in-Chief, Health Services; Regional Health and Family Welfare Training Centre, Sheikhpura, Patna; Annexure-P/2; counter affidavit deemed unnecessary; dismissal with liberty to submit representation.

What did the court decide?

Liberty granted to the petitioner to file a representation before the concerned authority for redressal of grievance, if so advised. ¶29

Nisha Vidyarthi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7116 of 2026

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Nisha Vidyarthi Daughter of Late Sri Vinay Kumar Vidyarthi, Wife of Sri Ajay Kumar Sinha, Resident of Flat No.- 203, Archna Apartment, Ramgulam Path, Boring Road Patna, P.S. Sri Krishnapuri, District-Patna- 800013.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar.

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The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

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The Director in Chief, Health Services, Bihar, Patna.

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The Principal, Regional Health and Family Welfare Training Centre, Sheikhpura, Patna Bihar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Tarun Kumar Sinha, Advocate For the Respondent/s : Mr. Advocate General

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

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Date : 11-05-2026

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Heard learned counsel appearing for the petitioner and

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learned counsel appearing for the State.

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Learned counsel for the petitioner submits that the petitioner has filed the present writ petition for the following

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relief/s :-

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“(i) ….. for commanding and directing the respondent authorities to regularize the period when she was kept under waiting posting since dated 24.10.2008 to dated 24.06.2009 by the respondents.

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(ii) For issuance of an appropriate writ in the nature of MANDAMUS Commanding and

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Patna High Court CWJC No.7116 of 2026 dt.11-05-2026 2/3

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directing the respondent authorities for granting two consecutive MODIFIED ASSURED CAREER PROGRESSION (hereinafter will be referred as MACPs) to the petitioner validity due to her.

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(iii) For issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the respondent authorities to pay all arrears generated from the fixation of the salary of the petitioner after regularization of the waiting for posting period and after granting two MACPS.

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(iv) For issuance of other relief or reliefs as may be deemed fit and proper in the interest of justice.”

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Learned counsel for the State submits that counter affidavit may be directed to be filed.

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This Court, upon perusal of Annexure-P/2, is of the view that there is no necessity for filing a counter affidavit. However, from the order impugned, it transpires that the Director-in-Chief, Health Services, Governmnt of Bihar, Patna had already been directed to redress the grievances of the petitioner by passing an appropriate order. It further transpires that the petitioner has filed the present writ petition seeking a writ of mandamus, though no representation appears to have been filed before the competent authority for redressal of his grievances. Hence, this Court finds that the present writ petition is not maintainable.

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