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2025 DAILYLAW 13495 (JHR)

Sanjeev Kumar v. Human Resources Department

WPC/4693/2017 · 2025-08-20

Deepak Roshan

body2025

Judgment text

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2025:JHHC:26473 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4693 of 2017 -- Sanjeev Kumar S/O Sri Nand Kishore Prasad, R/O Village- Shastri Nagar, Powerganj P.O & P.S-Lohardaga, District- Lohardaga (Jharkhand). ......Petitioner Versus 1. The State of Jharkhand through Chief Secretary, State of Jharkhand having its office at Project Building, Dhurwa, P.O.- Dhurwa, P.S- Jagannathpur, District - Ranchi. 2. The Secretary, the Department of School and Literacy, Human Resources Development Government of Jharkhand at Project Building, P.O & P.S- Dhurwa District- Ranchi. 3. Jharkhand Mahila Samakhya Society, through its State Programme Director having its office at Jagarnathpur High School, JSCA Stadium Road Sector -3 Dhurwa P.O & P.S- Dhurwa, District-Ranchi. 4. The Union of India, through its Secretary, Human Resources Development Department, School Education and Literacy having its office at Shastri Bhawan, PO- Shastri Bhawan PS Sansad Marg New Delhi. ...Respondents W.P.(S) No. 5068 of 2017 1. Anchi Horo W/O Late Manoj Kumar Munda, R/O Village- Merong Serong, P.O- Pundag, P.S-Jagarnathpur, District Ranchi (Jharkhand). 2. Anima Xalxo W/O Sabial Kujur, R/O Village-Albert Compound, Purulia Road, P.O & P.S-Sadar, District- Ranchi (Jharkhand) 3. Basanti Mundu W/O Late Soma Mundu, R/O Village- Martin Banglow Khunti, P.O & P.S-Khunti, District Khunti (Jharkhand) 4. Sarita Runda W/O Mahadev Manki, R/O Village- Chalam, P.O & P.S- Burju, District- Khunti (Jharkhand) 5. Mary Guria W/O Petrus Tira, R/O Village Perka, P.O & P.S- Mahil (Murhu) District- Khunti (Jharkhand) 6. Munni Kandulna W/O Niral Kandulna, R/O Village- Jaipur, P.O & P.S- Jaipur (Rania), District- Khunti (Jharkhand) 7. Dushyanti Nag S/O Kunjel Nag, R/O Village-Salga, P.O & P.S- Saparom (Khunti), District-Khunti (Jharkhand) 8. Bahalen Bhengra W/O Suleman Soy, R/O Village-Binda, P.O & P.S- Binda (Murhu), District-Khunti (Jharkhand) 9 Saroj Topno W/O Arshlan Topno, R/O Village-Pakna Mundatoli, P.O.- Amma, P.S- Rania, District- Khunti (Jharkhand) 2025:JHHC:26473 2 10.Gloria Purty S/O Late Bimal Purty, R/O Village- Janigora, P.O.- Sarjamda, P.S- Pursudhi, District- East Singhbhum (Jharkhand) 11.Emerencia Toppo S/O Late Nicodim Toppo, R/O Village- Lay Out New Sitaram Dara, H.No.-286 Agrico P.O & P.S- Sitaram Dara, District-East Singhbhum (Jharkhand) 12.Shishir Kumar Srivastava S/O Late M.Prasad, R/O Village Q.No- 29/02/201, Chhota Govindpur (Near Ram Mandir), P.O & P.S-Govindpur, District- Singhbhum East (Jharkhand) 13.Arati Mahato W/O Kamal Kanta Mahato, R/O Village- Golkata, P.O-Kasmar, P.S-Kamalpur, District-East Singhbhum (Jharkhand) 14.Chinmoyee Mahapatro W/O Late Sisir Kumar Mahapatro, R/O Village-Chakulia, P.O & P.S- Kendadangri, District-East Singhbhum (Jharkhand) 15.Parwati Soren W/O Arjun Soren, R/O Village-Kuldiha (Rakhamines), P.O- Rakhamines, P.S- Jadugora, District Singhbhum East (Jharkhand) 16.Dangi Murmu D/O Bhado Murmu R/O Vill-Kharida PO- Bhagabandi PS- Dumuria Dist Singhbhum East (Jharkhand) 17.Golapi Rani mahato W/O Chitt Ranjan Mahato R/O village- Kamarigora Po- Charinda PS- Galudih Dist- Singhbhum East 18.Laxmi Sardar w/o Gopi Nath Sardar R/O Vill-Katasol PO- Badabotala, Ps- Dumuria Dist-Singhbhum East 19. Sunita Soren W/O Arjun Soren R/O- Vill-Gopalpur PO- Asanbani PS Jadugora Dist- Singhbum East 20.Gita Rani Mahato W/O Dilip Kumar Mahatp R/O Lowadih PO- Dhigi PS- Patamda Dist Singhbum East(Jharkhand) 21.Jaysumita Sahu W/O Loknath Sahu R/O Vill-Matihana PO- Matihana PS- Bahargora Dist-Singhbum East 22.Juttika Majhi W/O Jagu Majhi R/O Viil- Haldajori PO- Mahaloiya PS- Galudih Dist- Singhbhum East Jharkhand 23.Dhan Mani Hansda W/O Padum Hansda R/O Village- Darkhuli PO- Guhiyapal PS- Bahargora Dist Singhbum East 24.Anshuman Gupta S/O Surendra Prasad Sahu, R/O Village- Pundidiri, P.O- Pundidiri, P.S-Tamar, District- Ranchi (Jharkhand) 25.Alma Ekka W/O Bistwnath, R/O Village-Jaher, P.O- Bargri, P.S- Mander, District-Ranchi (Jharkhand) 26.Lalita Kujur W/O Sudhir Kujur, R/O Village-Kathitand, P.O- Ratu, P.S- Ratu, District-Ranchi (Jharkhand) 27.Sheela Tigga W/O Kishor Nayak, R/O Village-Barwa Barsati, P.O- Dahu, P.S- Ormanjhi, District- Ranchi (Jharkhand) 2025:JHHC:26473 3 28.Sadhni Kumari W/O Mahavir Mahto, R/O Village- Cachcopy Mandir, P.O-Pahar Kandariya, P.S- Bero, District Ranchi (Jharkhand) 29.Manku Kujur W/O Late Feku Oraon, R/O Village- Khatrikhtnga, P.O- Khatrikhtnga, P.S-Bero, District- Ranchi (Jharkhand) 30.Birtila Kujur W/O Kushal Khalkho, R/O Village-Malti, P.O- Mander, P.S Mander, District-Ranchi (Jharkhand) 31.Lily Tirkey W/O Late Gobind Oraon, R/O Village- Patuk, P.O- Sons, P.S- Chanho, District Ranchi (Jharkhand) 32.Kiran Devi W/O Mahendra Nayak, R/O Village- Hendebili, P.O- Hendebili, P.S- Ormanjhi, District- Ranchi (Jharkhand) 33.Joti Tigga D/O Late Juliyas Tigga, R/O Village- Nawatand, P.O- Bishakhatnga, P.S- Mander, District- Ranchi (Jharkhand) 34.Sushila Toppo W/O Sushila Kujur, R/O Village- Masmano, P.O- Chanho, P.S- Chanho, District- Ranchi (Jharkhand) 35.Hiramani Devi W/O Ganesh Lohra, R/O Village- Koynara, P.O- Danekera, P.S-Lapung, District Ranchi (Jharkhand) 36.Sanjita Rani Mishra D/O Late Sada Shiv Mishra, R/O Village- Gopal Pur, P.O- Bangurda, P.S-Kamalpur, District-East Singhbhum (Jharkhand) 37.Sheela Nag D/O Sri Budhram Nag, R/O Village-Salga, P.O- Saparum, P.S- Murhu, District-Khunti (Jharkhand) 38.Sangita Kumari W/O Sri Murari Prasad Singh, R/O Village- Baksoti, P.O- Amarut, P.S-Dobhi, District- Gaya(Bihar) 39.Prayag Rana S/O Late Jagarnath Rana, R/O Village- Chepakalan, P.O- Chepakalan, P.S-Barkagaon, District- Hazaribag (Jharkhand) 40.Kouleshwar Ram S/O Late Dhani Ram, R/O Village- Banasari, P.O & P.S- Simaria, District- Chatra (Jharkhand) 41.Sharda Devi W/O Sri. Jawahar Vishwakarma, R/O Village- Dari, P.O- Edla, P.S- Simaria, District Chatra (Jharkhand) 42.Basanti Devi W/O Sri. Prakash Saw, R/O Village- Chiridiri, P.O- Kanhachatti, P.S-Rajpur, District- Chatra (Jharkhand) 43.Sandhya Devi W/O Sri. Sudhir Kumar Sinha, R/O Village- Hauwag, P.O- Pitij, P.S- Rajpur, District- Chatra (Jharkhand) 44.Sudhansu Devi W/O Sri. Rajeshwar Prasad Dangi, R/O Village laxanpur, P.O- Uttamore, P.S- Chatra, District Chatra (Jharkhand) 45.Meena Debi W/O Sri. Ajay Kumar Tiwari, R/O Village- Pandeypura, P.O- Pandeypura, P.S-Hunterganj, District- Chatra (Jharkhand) 2025:JHHC:26473 4 46.Sikandar Kumar S/O Sri Shivdhari Thakur, R/O Village- Chatra, P.O- Chatra, P.S- Chatra, District- Chatra (Jharkhand) 47.Gaytri Kumari W/O Naryan Sahu, R/O Village-Ghangri, P.O- Pundag, P.S- Jori, District-Chatra (Jharkhand) 48.Jivani Puspa Nag W/O Alfred Oreya, R/O Village- Siyakel, P.O- Jatte, P.S- Murhu, District- Khunti (Jharkhand) 49.Halen Sundi D/O Late Mohan Singh Sundi, R/O Village- Bara Guira, P.O- & P.S- Bara Guira, District- Ranchi (Jharkhand) 50.Sahin Naj W/O Mohammad Shahbudin Khan, R/O Village- Murhu, P.O- Murhu, P.S-Murhu, District Khunti (Jharkhand) 51.Sarita Kumari D/O Dashrat Prasad, R/O Village- Mohmadan New Colony Dibha P.O-Chatra, P.S- Chatra, District-Chatra(Jharkhand) 52.Damyanti Nag W/O Narayan Sulanki, R/O Village- Kumarita, P.O & P.S- Kumardugi. District-East Singhbhum (Jharkhand) 53.Rashmati Birua W/O Gyani Birua R/O Village- Khariadhar, P.O- Bhagabila, P.S- Bhagabila, District West Singhbhum (Jharkhand) 54.Salina Hasada W/O Ramchandra Hansda, R/O Village- Bara Jhikpani, P.O & P.S- Jhikpani, District-West Singhbhum (Jharkhand) 55.Meena Boypai W/O Gadari Sawaia, R/O Village-Bara Guira, P.O & P.S- Sadar, District- West Singhbhum (Jharkhand) 56.Surajmani Banra S/O Bejram Banra, R/O Village- Horlor, P.O- Ghaghri, PS-Khuntpani , District-West Singhbhum (Jharkhand). 57.Lamboti Honhaga W/O Chaitanya Honhaga, R/O Village- Rajanka, P.O & P.S- Jhikpani, District- West Singhbhum(Jharkhand) 58.Subni Sundi D/O Late Chandar Sundi, R/O Village- Purnapani, P.O- Tonto, P.S- Tonto, District- Singhbhum West (Jharkhand) 59Biswashi Horo W/O Late Elias Horo R/O Village- Undhan, P.O- +P.S- Raykera District-Singhbhum West (Jharkhand) 60.Nomita Das. W/O Mangilal Das, R/O Village-Tirla, P.O- Anandpur, P.S-Anandpur District- Singhbhum West (Jharkhand) 61.Elijabeth Guria W/O Ramraj Guria R/O Village- Teruldih, P.O- +P.S- Anandpur, District-Singhbhum West (Jharkhand) 62.Anita Mundri D/O Soma Munda R/O Village-Munda, P.O- Bandgaon, P.S- Bandgaon, District- Singhbhum West (Jharkhand) 2025:JHHC:26473 5 63.Bigi Minj D/O Vishwa Minj, R/O Village-Jhinjhri, P.O- Korambi, P.S- Mandar, District- Ranchi (Jharkhand). ......Petitioners Versus 1. The State of Jharkhand through Chief Secretary, State of Jharkhand having its office at Project Building. Dhurwa, P.O.- Dhurwa, P.S- Jagannathpur, District – Ranchi 2. The Secretary, the Department of School and Literacy, Human Resources Development Government of Jharkhand at Project Building, P.O & P.S- Dhurwa District- Ranchi 3. Jharkhand Mahila Samakhya Society, through its State Programme Director having its office at Jagarnathpur High School, JSCA Stadium Road Sector -3 Dhurwa P.O & P.S Dhurwa, District-Ranchi 4. The Union of India, through its Secretary, Human Resources Development Department, School Education and Literacy having its office at Shastri Bhawan, PO- Shastri Bhawan PS Sansad Marg New Delhi. ....Respondents -- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : Mr. Kripa Shankar Nanda, Advocate [ in both cases] For the Resp.-State : Mr. Shivam Singh, A.C to S.C.-II [W.P(S) No. 4693/17] For the Resp.-U.O.I : Ms. Niki Sinha, CGC [in both cases] --- 12/20.08.2025 Since both these writ applications are interconnected as the same issue is involved; accordingly, both are heard together and being disposed of by this common order. W.P.(S) No. 4693 of 2017 2. The instant writ application has been preferred by the Petitioner for the following reliefs: (1) For a direction upon the respondents (Petitioner No. 1 and 2) to merge the Mahila Samakhya Scheme with any other similar Scheme/programme like Sarva Shiksha Abhiyan/National Rural Livelihood 2025:JHHC:26473 6 Mission or take over and continue the same as it is on States fund as done by other States or adjust the service of the petitioner who is working under the Mahila Samkhya to any other similar scheme like Sarva Shiksha Abhiyan/NRLM as same has been initiated in the year 1989 to empower and strengthen the poor women throughout the country including the State of Jharkhand (Erstwhile Bihar) but now same discontinued by the Union of India (respondent No. 4) with a single stroke of pen without prior notice in a most illegal and arbitrary manner (2) Further, for a direction upon the respondent to pay the dues of salary from period of February 2016 to up to date along with the arrears as per the 12th plan proposed by the Government of India as during aforesaid period the petitioner has worked to the satisfaction of the respondents authorities regularly though he has not served with any notice for termination or discontinuation of the scheme by the State of Jharkhand or Union of India. (3) For a further direction upon the Union of India (Respondent No-4) to continue the programme as same has been initiated in the year 1989 to empower and strengthen the poor women throughout the country including the State of Jharkhand (Erstwhile Bihar) but now same has been discontinued by the Union of India (respondent No. 4) with a single stroke of pen without prior notice in a most illegal and arbitrary manner. W.P.(S) No. 5068 of 2017 3. The instant writ application has been preferred by the Petitioner for the following reliefs: (1) For a direction upon the Respondents No. 1 & 2 to merge the Mahila Samakhya Scheme with any other similar Scheme/programme like Sarva Shiksha Abhiyan/National Rural Livelihood Mission or take over and continue the same as it is on States fund as done by other States or adjust the service of the petitioner who is working under the Mahila Samkhya to any other similar scheme like Sarva Shiksha Abhiyan/NRLM as same has been initiated in the year 1989 to empower and strengthen the poor women throughout the country including the State of Jharkhand (Erstwhile Bihar) but now same has been discontinued by the Union of India (respondent No. 4) with a single stroke of pen without prior notice in a most illegal and arbitrary manner. 2025:JHHC:26473 7 (2) Further for a direction upon the respondent to pay the dues of salary from period of February 2016 to up to date along with the arrears as per the 12th plan of the Government of India as during aforesaid period the petitioner has worked to the satisfaction of the respondents authorities regularly though he has not served with any notice for termination or discontinuation of the scheme by the State of Jharkhand or Union of India. (3) For a further direction upon the Union of India (Respondent No-4) to continue the programme as same has been initiated in the year 1989 to empower and strengthen the poor women throughout the country including the State of Jharkhand (Erstwhile Bihar) but now same has been discontinued by the Union of India (respondent No. 4) with a single stroke of pen without prior notice in a most illegal and arbitrary manner. 4. During course of proceeding in W.P(S) No. 4693 of 2017 on 25.07.2023, this Court has been passed the following order: “1. It has been admitted by the learned counsel for the State Government that the Society, in question, was receiving grant in aid by the Central Government through the State Government. It has not been made clear as to whether grant released by the Central Government has been released in favour of the Society or not? 2. Three weeks' time, as prayed for, is granted to the learned counsel for the State to file an affidavit bringing on record the details of the grant released by the Central Government in favour of the State Government for the society. 3. Accordingly, put up these cases after three weeks.” 5. Pursuant thereto; a supplementary counter affidavit has been filed by the Respondent-State in W.P.(S) No. 4693 of 2017, wherein it has been specifically stated that so far the details of the grant released is concerned; since the scheme ceased to exist from 01/04/2016, no funding was made to the State Government by the Central Government and all those employees who were working 2025:JHHC:26473 8 before this date 01/04/2016 were paid their legitimate dues and Salary. It has further been stated that vide letter no. 1637 dated 13/10/2020, State Project Director has issued Show Cause to the State program director of Mahila Samakhya Scheme to reply on the issue of continuing the false use of post of State program director of Mahila Samakhya Scheme It has been specifically contended that since this Mahila Samakhya Scheme has been closed down by the Central Government with effect from 01/04/2016, therefore no funding is allocated to the State Government in their financial budget after 2016 and whatever fund was allocated before, was distributed under this Scheme. 6. Learned counsel for the Petitioner fairly submits that now it is admitted that this scheme was a fully Central Government Funded Scheme and the Scheme was closed vide notice dated 04.01.2017 with effect from 01.04.2016 and many Petitioners even worked pursuant to 04.01.2017 and as a result thereof, there was a paper publication on 25.07.2018 in the Local Hindi Daily “Prabhat Khabar” indicating therein about the closure of the Scheme. 7. Relying upon these two documents, learned counsel submits that since many of the Petitioners worked till the notice was published in the Newspaper; as such, the Petitioners may be granted liberty to approach the 2025:JHHC:26473 9 appropriate forum, if so advised, in order to claim normal wages for the work they have done. 8. Ld. Counsel for the Respondents relying upon the counter affidavit submits that since this scheme is fully funded by the Central Government; as such, the State Government cannot help these Petitioners; however, if the Petitioners so choose to approach the concerned Respondent with relevant documents showing that they actually worked till a particular period and they have not received any amount for that; then appropriate order shall be passed. 9. Having regard to the aforesaid submission and looking to the fact that though the scheme was closed with effect from 01.04.2016, but the same was published on 04.01.2017 and subsequently it was republished on 25.07.2018; as such, both these writ applications stand disposed of by granting liberty to the petitioner/petitioners to approach the concerned Respondent under whom they worked along with all supporting documents showing that they were actually engaged with the said office within a period of 8 weeks from today. If any such representation/representations is received by the concerned Respondent, he shall look into the matter and verify the records and pass an appropriate order within a period of 16 weeks from the date of receipt of such representation with regard to the claim made in this writ 2025:JHHC:26473 10 application, so far payment of remuneration/honorarium is concerned. 10. Accordingly, this writ application stands disposed of. (Deepak Roshan, J.) jk