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2025 DAILYLAW 34094 (JHR)

NIRMALI MARANDI v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/4113/2019 · 2025-11-04

Deepak Roshan

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Judgment text

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2025:JHHC:33010 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4113 of 2019 --------- Nirmali Marandi aged about 32 years wife of Ramlal Besra, resident of Village-Bhorabad, P.O.-Nachangaria, P.S.-Jama, Nachangaria, District: Dumka-814146 ......Petitioner Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, at Secretariat, Project Bhawan, H.E.C. Compound, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District - Ranchi. 2. The Secretary Women Child Development and Social Security, Government of Jharkhand, at Secretariat, Project Bhawan, H.E.C. Compound, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District - Ranchi. 3. The Deputy Commissioner, Dumka, at Dumka, P.O. Dumka, P.S. Dumka (Town), District - Dumka. 4. District Social Welfare Officer, Dumka, at Dumka, P.O. Dumka, P.S. Dumka (Town), District - Dumka. 5. The Block Development Officer, Jama Block Development Office, Jama, P.O. Jama, P.S. Jama, District - Dumka. 6. The Circle Officer, Jama, P.O. Jama, P.S.-Jama District-Dumka. 7. Child Development Programme Officer, Jama, At Jama, P.O. Jama, P.S. Jama, District - Dumka. 8. The Supervisor, Jama Block Development Officer, Jama, P.O. Jama, P.S. Jama, District - Dumka. 9. Smt. Dular Hembrom, wife of Sri Vinod Hansda, resident of village-Bhorabad, P.O. Nachangaria, P.S. Jama, District: Dumka -814146. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Kaushalendra Prasad, Advocate For the Respondents : Mr. Rakesh Kr. Roy, A.C. to G.A.-III --------- 06/Dated:-04.11.2025 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (i) That your Lordships may kindly be pleased to set aside Memo No. 396 dated 31.12.2018 as contained in Annexure-9 issued by the Respondent No.7 by which the Private Respondent No.9 has illegally been appointed to post of Aaganbari Sahayika at Aaganbari Centre Bhorabad, village Bhorabad Panchayat Nachangaria, Block Jama, District Dumka without following due process violating all norms of the Selection. 2025:JHHC:33010 2 (ii) That your Lordships may further be pleased to hold and declare that the appointment of the petitioner to the post of Aaganbari Sahayika at Centre Bhorabad, village Bhorabad Panchayat Nachangaria, Block Jama, District Dumka by Memo No. 139 dated 23.03.2007 as contained in Annexure-2 is valid, legal, just fair, transparent and in accordance with law. (iii) That your Lordships may kindly be pleased to direct the concerned respondents/authorities to allot all the work and materials to the petitioner for proper function of the Bhorabad Aaganbari, Panchayat Nachangaria in accordance with law. (iv) That your Lordships may kindly grant any other appropriate relief or reliefs which are incidental to the main reliefs. 3. From record it appears that though the Petitioner has been selected as Anganbari Sahayika at Anganbari Cenrre Bhorabad, Anchal-Jama, but she has been convicted in connection with Session Trial Case No. 222 of 2013 U/s 302/34 of Indian Penal Code by the Additional Session Judge-II Dumka on 26.07.2018 as she was the sole accused in the case and sentenced to undergo rigorous imprisonment for life and also to pay fine Rs.5,000/- (Rupees Five Thousand) only for Section 302 read with Section 34 of the IPC with a further direction that the fine shall be paid to the informant U/s 357 of the Cr.P.C. Due to this development, the Centre of the Anganbari Bhorabad was badly affected. Accordingly, as per the memo no. 1375 dated 30.07.2018 issued by District Social Welfare Officer, Dumka on the basis of Letter No. 1621 dated 17.07.2018 issued by Director, Women and Child Development and Social Security Department (Social Welfare Director, Ranchi); the selection committee has selected the Private Respondent No. 9 as Sahayika of Anganbari Centre Bhorabad P.S. Jama. 4. As aforesaid, when the writ petitioner was sent to jail, the said Centre was badly affected and the beneficiaries were 2025:JHHC:33010 3 unable to get the benefit and as such the authorities after giving notices for Aam Sabha for selection to the Post of Sahayika and on that Aam Sabha, the entire villagers and Samittee has selected the Respondent no. 9 for Sahayika of the Bhorabad Anganbari Centre after completion of entire procedure. 5. Though, learned counsel for the Petitioner strenuously contended that proper procedure has not been adopted; however, there is a specific averment in para 10 of the counter affidavit by submitting that the petitioner was continuously absent in her Angan Bari Centre, therefore, the said centre was badly affected and the beneficiaries were unable to get the benefit and as such, authorities after giving notice for Aam Sabha for selection to the post of Sahayika and on that Aam Sabha the entire villagers and samittee have selected the respondent No.9 for Sahayika. This specific averment made in para 10 of the counter affidavit filed on 24.10.2019 has not been rebutted by the petitioner by any rejoinder. This itself goes to show that the same is admitted. 6. Having regards to the aforesaid, there is no any error in appointing Respondent No.9; and as a result, the instant writ application stands dismissed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) NOVEMBER 4, 2025 vikas/- uploaded 14/11/2025