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2025 DAILYLAW 13049 (JHR)

ASHA MINZ v. THE STATE OF JHARKHAND

WPC/2609/2025 · 2025-06-23

Deepak Roshan

body2025

Judgment text

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2025:JHHC:16491 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 2609 of 2025 ---------- 1. Asha Minz, aged about 50 years, daughter of Late Telesphore Minz, Resident of Dhanwanti Bangla, Room no. 5, Lalu Katal Road, Bariyatu Road, P.O. & P.S.-Bariyatu, District- Ranchi, Jharkhand. 2. Babita Kumari, Aged about 49 years, Daughter of Late Deepanrayan Mandal, Resident of Kanke Road, Gandhi Nagar, Dam Side, P.O. & P.S.-Gandhi Nagar, District-Ranchi, Jharkhand. 3. Kujur Sonita Enet, Aged about 53 years, Daughter of Sri Ishudas Kujur, Resident of Birsa Chowk, Prakash Nagar, Near Railway Line, P.O. & P.S.- Hinoo, District-Ranchi, Jharkhand. 4. Sanjusha Sinha, aged about 56 years, Daughter of Late Sadhu Prasad, resident of New Nurses Hostel, Room No. 101, 1st Floor, RIMS Campus, P.O. & P.S.-Bariyatu, District- Ranchi, Jharkhand. 5. Sudha Sindhu, aged about 55 years, daughter of Late Kameshwar Chandra, resident of Dhanbanti Banglow, Lalu Kathal Road, Flat No.-2, Near DAV Bariatu, P.Ο. & P.S.- Bariyatu, District- Ranchi, Jharkhand. 6. Jay Sumani Ekka, aged about 51 years, daughter of Subodh Ekka, Resident of Q. No. 1/12, University Colony, P.O. & P.S.- Bariyatu, District- Ranchi, Jharkhand. ………. Petitioners Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Health, Family Welfare and Medical Education, Government of Jharkhand at Nepal House, PO.&P.S- Doranda, District- Ranchi, Jharkhand. 3. The Director, Department of Health, Family Welfare and Medical Education, Government of Jharkhand at Health Directorate, Namkum, PO.& P.S- Namkum, District- Ranchi, Jharkhand. 4. The Director, RIMS, Bariatu, P.O.& P.S.-Bariatu, District- Ranchi, Jharkhand. ………. Respondents. ---------- 2025:JHHC:16491 2 CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioners : Mr. Abhijeet Kr. Singh, Advocate Mr. Harsh Chandra, Advocate Mr. Shashank Kumar, Advocate For the Respondents : Mr. Suman Marandi, AC to SC-IV Dr. A.K. Singh, Advocate ---------- 02/ 23.06.2025 The instant writ application has been preferred by the petitioners for following reliefs: a) For quashing of order contained in letter no. 65 dated 15.01.2025 (Annexure No. 9) issued under the pen and signature of Director RIMS, Ranchi whereby and whereunder the claim of the petitioners for promotion on the post of Sister Tutor/Clinical Tutor has been rejected stating therein that the case of the petitioners for promotion cannot be considered for the post of Sister Tutor/Clinical Tutor which is contrary to RIMS Nursing Cadre Appointment, Promotion and Service Condition Rules 2014. b) Upon quashing of letter no. 65 dated 15.01.2025, for further direction upon the Respondents to consider the case of the petitioners for their promotion as the petitioners in all manners are eligible for promotion on post of Sister Tutor/Clinical Tutor because they have completed the requisite qualification of Post Basic B.Sc Nursing and have passed other required examination and further are discharging duties on the promotional post but their promotion has been withheld without there being any justified reason. c) Further direction upon the respondents to allow the petitioners to continue to work on post of Sister Tutor/Clinical Tutor in nursing school RIMS and not replace them by any other adhoc arrangement as the petitioners are still working on the said post and further they are in all manner eligible to be promoted on the said post. 2. After some arguments, learned counsel for the petitioners submits that instant application may be disposed of by giving liberty to the petitioners to approach respondent No. 4, so that their grievances raised in Annexure-8 to the writ application can be redressed. Learned counsel also draws attention to Clause-4.2 of the Notification dated 11.10.2014 at page 35 and submits that their case falls under the said clause. 2025:JHHC:16491 3 3. Learned counsel for the respondents submits that since no counter- affidavit has been filed, as such, the petitioners may be directed to file individual fresh representations before the respondent No. 4, who shall decide the case in accordance with law. 4. Having regard to the aforesaid facts and circumstances of the case and the limited submissions of the rival parties, the instant writ application is hereby disposed of by directing the respective petitioners to file fresh representation(s) before the respondent No. 4. The moment the concerned respondent will receive any such representation(s), he shall take decision in accordance with law and applicable rules and regulations within a period of 12 weeks from the date of receipt of such representation(s). 5. As a result, the instant writ application stands disposed of. (Deepak Roshan, J.) kunal/-