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2025 DAILYLAW 6928 (JHR)

ASHWANI KUMAR v. THE UNION OF INDIA THROUGH THE JOINT SECRETARY

WPC/911/2024 · 2025-01-27

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 911 of 2024 ----- 1. Ashwani Kumar, S/o Sanjay Kumar Choudhary, R/o Sarita Niwas, Lipidih, Kolakusma, PO, PS- Saraidhela, Dist- Dhanbad, Jharkhand 2. Dibya Kumari, aged about 35 years, d/o Ram Vijay Sharma, r/o Sakho Toli Ara, PO +PS Mahilong, Dist. Ranchi, Jharkhand 3. Ashish Kumar, aged about 28 years, s/o Subhash Kumar Gupta, r/o Ward No.7, Godmara Kala, PO+PS, Palamu Dist. Palamu Jharkhand 4. Kiran Khalkho, aged about 27 years, w/o Niranjan Toppo, r/o Near Holy Family Hospital, Prabhat Nagar, PO+PS Mandar, Dist. Ranchi 5. Arpita Ranjan, aged about 25 years, d/o Alok Ranjan, r/o Sandh, PO+PS Barkagaon, Dist. Hazaribagh, Jharkhand 6. Chandan Manjhi, aged about 26 years, s/o Jilawahan Manjhi, r/o Kuda, Pokla, PO+PS Kamdara, Dist. Gumla, Jharkhand 7. Lochan Kumar Mahto, aged about 24 years, s/o Prayag Mahto, r/o Barwadih, Khario, PO+PS Topchanchi, Dist. Dhanbad, Jharkhand 8. Simran Gupta, aged about 30 years, d/o Sitaram Gupta, r/o Loco Bazar, Khesmi, Gomoh, PO+PS Hariharpur, Dist. Dhabad, Jharkhand 9. Diksha Sharma, aged about 29 years, d/o Sanjay Kumar Sharma, r/o 685A, Railway Steam Colony, PO+PS Patratu, Dist. Ramgarh, Jharkhand 10. Satyendra Kumar Niraj, aged about 41 years, s/o Ramchandra Ram, r/o vill- Batsara, PO Naudiha PS Pandwa, Dist. Palamu 11. Diwakar Kumar, aged about 26 years, s/o Sri Nagendra Ram, r/o Ward No.2 Boudh Vihar, PO Garhwa PS Garhwa Dist. Palamu … Petitioner(s).. Versus 1. The Union of India, through the Joint Secretary, Government of India Ministry of Health Family Welfare, having its office at Nirman Bhawan, New Delhi, PO and PS: New Delhi, India. 2.The State of Jharkhand through Chief Secretary, 1st Floor Project Dhurwa Ranchi, PO and PS- Dhurwa, Ranchi. 3.The Director, Department of Health, Medical Education and Family Welfare having its office at ground floor, Nepal House, Doranda, PO and PS-Doranda, Ranchi. 4. The Additional Chief Secretary, Department of Health, Medical Education and Family Welfare having its office at Ground floor, Nepal House, PO and PS Doranda, Ranchi. 5. The Medical Council of India, represented through the Secretary having its office at phase-1, Dada Dev Mandir Road, Block-P, Sector-8 Dwarka, PO and PS Dwarka, New Delhi, India. 6. Ranchi University through its Registrar having its office at Shahid Chowk PO, PS and District Ranchi 7. Vinoba Bhave university through its Registrar having its office at N.H.- 33, Sindoor, PO and PS Hazaribagh, District Hazaribagh. .. Respondent(s). CORAM :SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rohit Kumar Gupta, Advocate For the Respondents : Mr. Dr. Ashok Kumar Singh, Advocate; Mr. Abhinay Kumar, AC to GA-I ...... 06 /27.01.2025: The petitioners have prayed for following relief(s): (i) For issuance of the writ in the nature of mandamus directing the respondent no.04 to make regular appointment of the petitioners for the post of Community Health Assistant in the different Health Sub- Centre/Primary Health Centre of the State Government with the pay ban II (9300-34800)+Grade Pay 4200 in terms of the notification no. 554 dated 01.08.2017, which were published in the official gazette of State of Jharkhand vide dated 09.08.2017, in its letter and spirit since, the State Government is duty bound as per the principle of promissory estoppels. (ii) For issuance of the writ in the nature of mandamus directing the respondent no.04 to recommend the petitioners before the respondent no.05 for their registration as Community Health Assistant and accordingly get the petitioners registered by the re[pendent no.05 as Community Health Assistant since, the petitioners have already completed the course of B.Sc. in Community Health which has been duly affiliated and approved by the respondent no.05. (iii) For issuance of writ in the nature of mandamus directing the respondent no.04 to consider the representation filed by the petitioners dated 07.07.2023, in light of their grievances as mentioned above since, the State is not taking any action of the representations. 2. The learned counsel for the petitioners submits that in similar writ petition being WP(S) 3964 of 2023 this Court has directed the respondents to frame a rule and thereafter proceed. 3. The learned counsel for the State also admits that they are in a process of framing of the rules. 4. Considering the submissions of the parties, the present writ petition is disposed of in terms of the order passed by a coordinate Bench of this court in WP(S) 3964 of 2023 wherein direction was given to the respondents to do the needful in respect of the framing of the rules as expeditiously as possible. If the rules are framed the respondents are directed to consider the case of the petitioners as per rules. 5. Accordingly, the present writ petition stands disposed of. (ANANDA SEN, J.) KNR -2-