2025:JHHC:16217 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 484 of 2024 Mohammed Marghoob Iqbal, aged about 57 years, son of Md. Zakir Hussain, resident of Islampur, Panderpala, P.O. & P.S. Bishunpur, District Dhanbad, Jharkhand. ... … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Secretary, Planning and Finance Department, Government of Jharkhand, at Project Bhawan, P.O & P.S.-Dhurwa, District-Ranchi, Jharkhand. 3. The Director, Planning and Training, Labour Planning Training and Skill Development Department, Government of Jharkhand at Project Bhawan, PO & PS-Dhurwa, District- Ranchi, Jharkhand. 4. The Drawing and Disbrusing Officer, Women ITI, P.O & P.S-Giridih, District- Giridih, Jharkhand … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Shubham Mishra, Advocate For the Respondent(s) : Mr. Mithilesh Singh, GA-IV -------- 07/Dated: 18th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “(i) For quashing the letter no. 12 dated 11/01/2024 along with letter no. 181 dated 18/10/2023 passed by the Respondent No. 4, whereby and where under disability travelling allowance granted to the petitioner has been stopped with immediate effect and an order for recovery of the disability travelling allowance has been passed which is in violation of the notification number 248 dated 25/01/2019 which was passed in compliance of the order passed by this Hon'ble court in W.P.(S) no. 3567/2017 and in spite of fulfilling all the criteria stipulated in notification dated 25/01/2019, petitioner's disability travelling allowance has been stopped. (ii) Further for a direction upon the respondents to pay the disability travelling allowance to the petitioner with effect from the date it has been stopped ie from October 2023. (iii) Further for stay of the implementation and execution of order dated 11/01/2024 during the pendency of the writ petition whereby an order of recovery of the disability travelling allowance has been passed. AND/Or For issuance of an appropriate writ(s), order(s), direction (s) as may be deemed fit and proper for doing conscionable justice to the petitioner.” 2. On 17.04.2025, this Court allowed the respondents to file 2025:JHHC:16217 2 supplementary counter affidavit and the case was posted today. For brevity order dated 17.04.2025 is extracted hereinbelow: “It has been contended by learned counsel for the petitioner that initially the petitioner was getting disability allowance by the respondent-authority on the basis of Government Notification, however, suddenly a show-cause notice was issued to the petitioner and the petitioner submitted all the documents which were submitted by him earlier also but for the reasons best known to the concerned respondent, payment of disability allowance was stopped and a letter was also issued for recovery which is at Annexure-9 to the writ application. Learned counsel contended that without giving any opportunity of hearing to the petitioner and without constituting any Medical Board, the impugned order has been passed by the respondent-authorities who are not having any experience of medical science and they have just denied the benefit which was earlier given to the petitioner in a coercive manner. Learned counsel for the respondents relied upon the counter affidavit, however, on the question as to whether there was any Medical Board constituted to come to the conclusion with respect to the petitioner falling under the criteria to get disability allowance or not, learned counsel for the respondents prays and is allowed four weeks’ time to file supplementary counter affidavit only to that effect. List this case on 18.06.2025 under the same heading. In the meantime, since there is an order of recovery vide Annexure-9 dated 11.01.2024 to the writ application, the same shall remain stayed till further orders, if the same has not been made.” 3. Thereafter, a supplementary counter affidavit has been filed wherein at paragraph no. 8 it has been fairly stated that before issuance of impugned order, no Medical Board was constituted. In view of the fair averment made in the supplementary counter affidavit; the impugned letter no. 12 dated 11.01.2024 along with letter no. 181 dated 18.10.2023, is hereby, quashed and set aside. If any recovery has been made then the same shall be refunded to the petitioner and the admissible dues from the date of stoppage of disability allowance shall also be paid to the petitioner. 4. Before parting, it is necessary to indicate that since the Medical Board has already been constituted by the respondent-authorities; the petitioner shall fully cooperate and thereafter the concerned respondent shall take an appropriate decision with regard to disability allowance which the petitioner was getting since long. 2025:JHHC:16217 3 5. With the aforesaid observation and direction, the instant writ application stands disposed of. (Deepak Roshan, J.) Amit