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2025 DAILYLAW 28096 (JHR)

MISS SUNNY JYOTI MINZ v. THE STATE OF JHARKHAND THROUGH THE PR SECRETARY DEPTT OF PERSONNEL ADMINISTRATIVE REFORMS AND RAJ

WPC/6088/2019 · 2025-04-17

Rajesh Shankar

body2025

Judgment text

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2025:JHHC :11684-DB -1 of 2- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6088 of 2019 Miss Sunny Jyoti Minz, aged about 35 years, D/o Late Phillimon Minz, resident of House No.-164/N, Lower Daud Nagar, Dibdih, P.O.-Doranda, P.S.-Doranda, District-Ranchi (Jharkhand). ... ... ... ... Petitioner Versus 1. The State of Jharkhand through the Principal Secretary, Department of Personnel, Administrative Reforms & Rajbhasha, Govt. of Jharkhand, Ranchi, Project Building, P.O. & P.S. –Dhurwa, District-Ranchi (Jharkhand). 2. The Additional Chief Secretary, Finance Department, Govt. of Jharkhand, Project Building, P.O. & P.S. –Dhurwa, District-Ranchi (Jharkhand). 3. The State Disabilities Commissioner, Social Welfare, Women and Child Development Department, Jharkhand, Ranchi, Engineering Hostel Building, Sector-III, Dhurwa, P.O. & P.S. –Dhurwa, District-Ranchi (Jharkhand). 4. The Secretary, Law Department, Govt. of Jharkhand, Ranchi, Project Building, P.O. & P.S. –Dhurwa, District-Ranchi (Jharkhand). 5. The High Court of Jharkhand through the Registrar General, High Court of Jharkhand, Ranchi, P.O. & P.S. –Doranda, District-Ranchi (Jharkhand). 6. The Principal District & Sessions Judge, Civil Courts, Bokaro, P.O. & P.S. – Bokaro Steel City, District-Bokaro (Jharkhand). 7. The Judge-in-charge, Civil Courts, Bokaro, P.O. & P.S.-Bokaro Steel City, District-Bokaro (Jharkhand) … Respondents. --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner : Mr. Anjani Kr Verma, Advocate Mr. Arvind Prakash Malakar, Advocate For the State : Mr. Sahbaj Akhtar, AC to AAG-III For the High Court : Mr. Sumeet Gadodia, Advocate. --------- 12/Dated: 17.04.2025 M.S. Ramachandra Rao, C.J.(Oral) 1. In this Writ Petition, the petitioner who is working as an Assistant in the Civil Courts, Bokaro has challenged proceeding dt. 29.08.2019 issued by the 7th respondent rejecting petitioner’s request for grant of Conveyance Allowance at double the normal rate made on 05.08.2019 on the pretext that the petitioner did not submit the Disability Certificate issued by Head of the Department of the Orthopedic of a Government Hospital as per a memo dt. 16.02.2013 and another Memo dt. 25.01.2019 issued by the State Government. 2. Counsel for the petitioner contends that in the district of Bokaro there is no Head of the Department of Orthopedic and that the petitioner had 2025:JHHC :11684-DB -2 of 2- previously given Annexure-2, a certificate issued by Civil Assistant Surgeon of the Sadar Hospital, Ranchi dt. 10.03.2011 and another certificate issued on 20.11.2014 (Annexure-2/A) by the Doctors in the Sadar Hospital, Ranchi. He also contended that the petitioner has produced a Disability Certificate issued to her by the competent authority under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which clearly certified that the petitioner has Locomotor Disability and it is 50 per cent permanent and therefore, the action of the 7th respondent in denying the said allowance at double the rate is arbitrary, illegal and cannot be sustained. 3. Counsel for the State does not dispute the fact that there is no post of Head of the Department in the district of Bokaro in the Orthopedic Department. 4. It is thus, impossible for the petitioner to comply with the requirement of producing the certificate from the Head of the Department in the district concerned as mandated by Annexure-6 dt. 25.01.2019 as also the memos dt. 16.02.2013 and 25.01.2019. There is no reason for the respondents to doubt the certificates of disability produced by the petitioner referred to above. 5. Therefore, the writ petition is allowed. The order dt. 29.08.2019 of the 7th respondent is set aside and the respondents are directed to pay Conveyance Allowance from 05.08.2019 to the petitioner at double the normal rate on the basis of the certificates produced by the petitioner within four weeks from the date of receipt of a copy of this order along with interest @ 6 per cent per annum from 05.08.2019 till the date of payment. (M. S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) APK/VK