SURENDRA MURMU v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY
WPC/3480/2025 · 2025-07-17
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18700 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18700 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3480 of 2025
1. Surendra Murmu, aged about 30 years, Son of Santosh Murmu, resident of Village Hirapur, P.O. Kasitanr, P.S. Narayanpur and District Jamtara. 2. Sanjeev Kumar Hembram, aged about 24 years, Son of Dinesh Hembram, resident of Village Belwa, P.O. Belwa, P.S. Mihijam and District Jamtara. 3. Md Akhtar Hasan, aged about 33 years, Son of Abdul Hakim, resident of Village Dhanbad, P.O. Bewa, P.S. Jamtara and District Jamtara. 4. Jeevankrishna Singh, aged about 27 years, son of Anitya Singh, resident of Village Sripur, P.O. Geria, P.S. Bindapathar and District Jamtara. 5. Dayamay Das, aged about 29 years, son of Mihir Das, resident of Village Paredih, P.O. & P.S. Jamtara and District Jamtara. 6. Munna Mahato, aged about 19 years, son of Madan Mahato, resident of Village Dhadhakia, P.O. Guhiajori, P.S. Bindapathar and District Jamtara. 7. Indrajeet Ghosh, aged about 21 years, son of Balaram Ghosh, resident of Village Saldaha, P.O. Amba, P.S. Kundahit and District Jamtara. 8. Suman Kumar Singh, aged about 27 years, son of Rohit Kumar Singh, resident of Village Bhogikata, P.O. Geria, P.S. Bindapathar and District Jamtara. 9. Jagannath Bhokta, aged about 27 years, son of Rabine Bhokta, resident of Village Phutabandh, P.O. Bindapathar, P.S. Bindapathar and District Jamtara. 10. Anand Soren, aged about 25 years, son of Birulal Soren, resident of Village Paharudhi, P.O. Kashitar, P.S. Narayanpur and District Jamtara. 11. Anthoni Kisku, aged about 22 years, son of Jonas Kisku, resident of Village Tetuliyatand, P.O. Manjhaladih, P.S. Narayanpur and District Jamtara. 12. Sachin Ansari, aged about 25 years, son of Jakir Ansari, resident of Village & Post Belwa, P.S. Mihijam and District Jamtara. 13. Md Imran Alam, aged about 29 years, son of Ataul Mian, resident of Village Mohra, P.O. Sonbad, P.S. Jamtara and District Jamtara. 14. Rupa Ghosh, aged about 22 years, daughter of Dibakar Ghosh, resident of Village Bararampur, P.O. Kistopur, P.S. Nala and District Jamtara. 15. Tulsi Kumari Singh, aged about 23 years, daughter of Pratap Singh, resident of Village Prajapatia, P.O. Bindapathar, P.S. Bindapathar and District Jamtara. 16. Riya Paul, aged about 31 years, wife of Sumit Kumar Gon, resident of Village Jamtara, P.O. Jamtara, P.S. Jamtara and District Jamtara. 17. Saraswati Marandi, aged about 32 years, daughter of Pan Marandi,
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resident of Village Bewa, P.O. Bewa, P.S. Mihijam and District Jamtara. 18.
Kumari Nilam, aged about 20 years, daughter of Nijen Kumar Bhokta, resident of Village Sripur, P.O. Geria, P.S. Bindapathar and District Jamtara. 19. Sabita Singh, aged about 27 years, wife of Prem Kumar Singh, resident of Village Sripur, P.O. Geria, P.S. Bindapathar and District Jamtara. 20. Pavitri Soren, aged about 30 years, son of Devilal Soren, resident of Village Baratar, P.O. Pattajori, P.S. Karmatanr and District Jamtara. 21. Nirman Singh, aged about 21 years, son of Manilal Singh, resident of Village Bindapathar, P.O. Bindapathar, P.S. Bindapathar and District Jamtara. 22. Pratap Singh, aged about 19 years, son of Ramesh Chandra Singh, resident of Village Moralay, P.O. Geria, P.S. Bindapathar and District Jamtara. ... … Petitioner(s)
Versus
1. The State of Jharkhand through Chief Secretary, having its office at Project Bhavan, P.O & P.S - Dhurwa and District -Ranchi. 2. The Secretary, Department of Home, Jail and Disaster Management, Government of Jharkhand, having its office at 2nd floor at Project Bhavan, P.O & P.S-Dhurwa and District-Ranchi. 3. The Joint secretary, Department of Home, Jail and Disaster Management, Government of Jharkhand, having its office at 2nd floor at Project Bhavan, P.O & P.S-Dhurwa and District-Ranchi. 4. Deputy Commissioner, Office of the District Magistrate-cum-Deputy Commissioner, Jamtara District General Branch, Collectorate Building, Court Road, Near Jail, P.O & P.S - Jamtara and District- Jamtara. … … Respondents
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Ajit Kumar, Sr. Advocate For the Respondent-State : Mr. Anish Kumar Mishra, AC to Sr. SC-I
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Order No. 3 /Dated: 17th July 2025
The instant writ application has been preferred by the petitioner for the following reliefs:
“For issuance of appropriate writ(s) order(s)/direction(s) particularly in the nature of "mandamus" directing the respondents to immediately finalize and conclude the appointment process of the petitioners to the post of Chowkidar in the District of Jamtara pursuant to Advertisement No. 01/2025 in view of the fact that this Hon'ble High Court in W.P. (S) No. 1112 of 2021 (Salan Champia & Ors. vs. State of Jharkhand & Ors.) vide order
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dated 19.06.2024 has already issued directions to the respondents to complete the entire recruitment process of chowkidars by 25.09.2024, however, the same is being stalled in the district of Jamtara, particularly when the final merit list has already been published and the name of the petitioners finds place in it. AND/OR The petitioner prays for issuance of any other appropriate writ(s), order(s), direction(s) for which the petitioner is found legally entitled to and also for doing conscionable justice to the petitioner.”
2. Mr. Ajit Kumar, Ld. Sr. Counsel submits that the issue involved in this writ application is squarely covered by the order passed in W.P.(S) No. 1112 of 2021 (“Salan Champia & Ors. v. The State of Jharkhand & Ors.”) with analogous cases wherein at paragraph nos. 9 and 10 this Court has held as under:
“9. It appears that directions were issued by this Court in view of the guidelines and law laid down by the Hon’ble Apex Court in the case of Surendra Paswan & Others Vs. State of Bihar and others reported in (2010) 6 SCC 680. This Court was in seisin of the cases regarding appointment of Chowkidars and on several occasions got opportunity to give instructions/directions to the respondents to complete the entire process of selection, good sense has prevailed to the State authorities and taking shelter of the order passed by this Court, the process has already been started, the same cannot be faulted with. If there is any hurdle or obstacle, the same should be brought to the knowledge of this Court by filing affidavit. 10.
In view of affidavits and submissions made by respective counsels, it is evident that the process of appointment has already been started and as such there is no sense in keeping all these matters pending and as such, I hereby direct the respondents particularly the Home Secretary, State of Jharkhand to issue directions to all the Deputy Commissioners of the respective Districts of the State of Jharkhand to complete the entire selection process for the appointment of Chowkidars by publication of results on the same followed by issuance of appointment letter and acceptance of their joining. As directed hereinabove, the entire process of appointment be completed before 30th December 2024.”
3. Relying upon the aforesaid judgment, Ld. Sr. Counsel submits that the instant writ application may be disposed of by directing the concerned respondent to issue appointment letters in the light of the aforesaid
judgment if there is no other legal impediment against these petitioners.
4.
Learned counsel for the Respondents fairly submits that in spite of the direction to file counter affidavit; the same has not been filed. He fairly submits that in some cases order has been challenged before the appellate Court; however, there is no stay.
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He further submits that if the petitioners approach the concerned respondent, he will take a decision in accordance with law.
5. Having regard to the fair submissions of learned counsel for the parties, the instant writ application is hereby disposed of by directing the 4th Respondent to treat this writ application as representation and take a decision in the matter in accordance with law and applicable Rules and Regulation and in the backdrop of the judgment referred to hereinabove and then immediately finalize and conclude the appointment process of the petitioners to the post of Chowkidar in the District of Jamtara pursuant to Advertisement No. 01/2025, if there is no other legal impediments. The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of copy of this order.
One of the petitioners shall serve the copy of this writ application to the concerned Respondent alongwith its order for early disposal of their claim.
(Deepak Roshan, J.) Amit