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2025 DAILYLAW 41606 (JHR)

PREMLATA SAHAY v. STATE OF JHARKHAND

WPC/7019/2025 · 2025-12-04

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:36370 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.7019 of 2025 ----- Premlata Sahay aged about 73 Yrs. W/o Late Dr. Ajit Kumar Sahay, R/O Sumitra Kutir East Lohanipur, PO & P.S. Kadam kuan, Dist. Patna, Bihar … Petitioner(s). Versus 1. State of Jharkhand 2. The Principal Secretary, Dept. of Finance, Govt. of Jharkhand Nepal House, Doranda, P.O. & P.S Doranda Dist. Ranchi. 3. The Secretary Dept. of Health Medical Education & Family Welfare, Govt. of Jharkhand Nepal House, Doranda, P.O. & P.S Doranda Dist. Ranchi. 4. Joint Secretary, Department of Health Medical Education & Family Welfare, Govt. of Jharkhand Nepal House, Doranda, Ranchi. 5. Accountant General, Jharkhand, Ranchi. Doranda, P.O. & P.S Doranda Dist. Ranchi. 6.Director, Health Medical Education and Family Welfare, Nepal House, Doranda, PO and PS Doranda, District Ranchi … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Tarun Kumar, Advocate For the State : Ms. Nirupama, AC to Sr. SC-I For Accountant General: Ms. Richa Sanchita, Advocate …...... 02 /04.12.2025: Learned counsel for the petitioner wants to implead Director, Health Medical Education and Family Welfare as party respondent no. 6. 2. Prayer is allowed. 3. Necessary correction be carried out during the course of the day. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 5. Husband of the petitioner was doctor who superannuated from the post of Medical Officer, Sadar Hospital, Giridih on 31.07.2004 and ultimately he expired on 19.12.2005. The petitioner thus claims DACP which according to the petitioner her husband was entitled to receive. 2025:JHHC:36370 2 6. The issue has now been set at rest in LPA No. 86 of 2018 and thereafter in many subsequent writ petitions. 7. Considering the aforesaid facts and the order passed in LPA and WP(S) No. 38 of 2025, I direct the petitioner to file representation before the Director, Health Medical Education and Family Welfare within four weeks annexing all the documents including the judgments passed by this Court. On receipt of the representation the Director, Health Medical Education and Family Welfare-respondent no. 6 will take a decision and if it is found that the petitioner is otherwise is entitled for the benefit, the same should be extended to the petitioner. It is made clear that if the petitioner is also entitled for consequential benefit, the same should be extended to the petitioner. If ultimately the husband of the petitioner is entitled for DACP, entire payment will be made to the petitioner within eight weeks from the date of receipt of the copy of this order. If it is found that the husband of the petitioner is not entitled for the said benefits, the reasons thereof should be communicated to the petitioner. 8. With the aforesaid observation and direction, this writ petition is disposed of. (ANANDA SEN, J.) 04.12.2025 Tanuj/CP-2 Uploaded on 06.12.2025