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2025 DAILYLAW 11059 (JHR)

DHANNAJAY KUMAR v. THE STATE OF JHARKHAND

WPC/2187/2024 · 2025-05-06

Deepak Roshan

body2025

Judgment text

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2025:JHHC:13971 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2187 of 2024 1. Dhannajay Kumar, aged about 44 years, son of Alakhdeo Sharma, resident of 10 No. Basti, Golmuri, P.O. and P.S-Golmuri, Town- Jamshedpur, District-East Singhbhum, Jharkhand 2. Durgesh Pratap Singh, aged about 40 years, son of Baleshwar Singh, resident of Ward No.2, Kalyanpur, Hanuman Ganj, P.O. Mohammadabad Yusufpur, P.S-Mohammadabad Ghazipur, District-Ghazipur, Uttar Pradesh 3. Nisha, aged about 38 years, D/o Ashok Kumar Singh, resident of S-37/7, S-Type, P.O. and P.S.-Adityapur, District-Seraikella-Kharsawan, Jharkhand-831013 ... … Petitioner(s) Versus 1. The State of Jharkhand 2. The Secretary (Health), Health Medical Education and Family Welfare Department, Government of Jharkhand having its office at Nepal House, Doranda, P.O. and P.S.-Doranda, District- Ranchi, Jharkhand 3. The Mission Director, National Health Mission, Health Medical Education or Medical Education, Government of Jharkhand having its office at State R.C.H. Office, G.V.I Campus, Namkum, P.O. and P.S.- Namkum, District-Ranchi, Jharkhand … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Anish Kumar Mishra, Advocate For the Respondent(s) : Mr. Munna Lal Yadav, SC (L&C)-III -------- Order No. 04 /Dated: 6th May 2025 The instant writ application has been preferred by the petitioners for the following relief: “(i) For issuance of an appropriate writ or writs particularly writ in the nature of mandamus directing and commanding the respondents to pay equal or mare honorarium to the petitioners who are Contractual Medical Officers (Ayush)-School Health Programme and Rastriya Bal Swasthya Karyakaram) respectively under National Rural Health Mission (NRHM) at par with the honorarium as is being paid to the Auxiliary Nurse and Midwife (ANM) G.N.M or B.Sc Nursing as CHO who are also working under NRHM as Community Health Officer (C.H.O.) and getting basic honorarium of Rs. 25,000/- and Rs. 15,000/- inceptive totaling Ra 40,000/- (ii) For issuance of further writ or writs in the nature of writ of mandamus directing the respondents to pay statutory interest on all admissible dues to the petitioners from the date it was payable to the petitioners to the date of actual payment. And/or 2025:JHHC:13971 2 (iii) For issuance of such other writ, order or direction as this Hon'ble Court may think just and proper in the facts and circumstances of the case doing conscionable justice to the petitioner.” 2. At the outset, learned counsel for the petitioners submits that though in the counter affidavit filed by the respondents the claim has been rejected but the fact remains that the respondents have not taken any decision with regard to the representation filed by the petitioners. 3. Learned counsel for the respondents relies upon para-9 of the counter affidavit and submits that the petitioners are not entitled to the claim raised, however, he fairly submits that he is having no knowledge as to whether the representation of the petitioners has been disposed of and/or any order has been passed. 4. Having regard to the aforesaid facts and circumstances of the case and the submissions made by the rival parties; the instant writ application is disposed of by directing the 3rd Respondent to treat this writ application as representation and take a decision in the matter with regard to honorarium to the petitioners as claimed in the writ application by passing a reasoned and speaking order. The entire exercise shall be completed within a period of eight weeks from the date of receipt/production of copy of this order. The petitioners are also directed to serve a copy of this writ application to the 3rd Respondent at the earliest for early disposal of their grievance. (Deepak Roshan, J.) Amit