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2026 DAILYLAW 19398 (JHR)

PRATIMA KUMARI v. THE STATE OF JHARKHAND

WPC/4026/2026 · 2026-07-03

Deepak Roshan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:19627 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4026 of 2026 1) PRATIMA KUMARI, wife of Sri Subodh Kumar Singh, aged about 46 years, presently posted as ANM, HSC, Bharkhori, permanent resident of village Khankita, P.O. & P.S. Sabour, District Bhagalpur (Bihar). 2) JASINTA MARANDI, wife of Sri Prem Hansda, aged about 46 years, presently posted as ANM, AAM, Jhimoli, Barhait, permanent resident of village Bada Kadma, P.O. Kadma, P.S. Barhait, District Sahebganj. ... … Petitioner(s) Versus 1. The State of Jharkhand. 2 The Additional Chief Secretary, Health, Medical Education & Family Welfare, Govt. of Jharkhand, Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi. 3. The Director-in-Chief, Health Services, Jharkhand, RCH Bhawan, Namkum, P.O. & P.S. Namkum, District Ranchi 4.The Mission Director, National Rural Health Mission (HRHM), Department of Health, Medical Education & Family Welfare, Govt. of Jharkhand, G.V.I. Campus, P.O. & P.S. Namkum, District Ranchi. 5. The Civil Surgeon-cum-Chief Medical Officer, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj. ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Deepak Kr. Prasad, Advocate For the Respondent(s) : Mr. Manoj Kumar, GA-III -------- Order No. 2 /Dated: 3rd July 2026 The instant writ application has been preferred by the petitioners for the following reliefs: “1. i) For direction upon the respondent to regularize the service of the petitioners on the post of Auxiliary Nurses Midwife (ANM), in the light of judgement rendered by the Hon'ble Apex Court in the case of Jaggo vrs. Union of India reported in 2024 SCC OnLine SC 3826 and Bhola Nath vrs. State of Jharkhand reported in 2026 SCC OnLine SC 129 [Annexure-4], the petitioners are working on the sanctioned vacant post of ANM after due process of selection since 2010, the petitioners are working with the respondents about more than 16 years with satisfactory service. (ii)For direction upon the respondents upon regularization of the petitioners to pay the all consequential benefits and consider the period from the date of initial appointment for commutation of all benefits. 2026:JHHC:19627 2 And/or Paas such other Order or Orders as Your Lordships may deem fit to do proper and conscionable justice to the petitioners.” 2. Learned counsel for the petitioners submits that the petitioners are working for more than 16 years on the sanctioned vacant post, however, till date they have not been regularized by the respondent-Department. As such, he submits that the concerned respondent may be directed to take a decision in the matter in the light of Hon’ble Supreme Court judgment rendered on the issue of regularization. 3. Learned counsel for the respondents submits that since no counter affidavit has been filed, as such the petitioners may approach the concerned respondent for redressal of their grievances. 4. Having regard to the above, the instant writ application is disposed of by directing the petitioners to approach the 5th Respondent by filing a fresh representation along with all documents relied upon by them including the judgments rendered by the Hon’ble Supreme Court on the issue. The moment the 5th Respondents receives such representation he, after verification of the record, shall pass an order with regard to the claim made by the petitioners in this writ application in accordance with law and applicable rules and regulations within a period of 12 weeks from the date of receipt of such representation. 5. It goes without saying that if the decision is taken in favour of the petitioners, necessary consequential order be issued within a further period of two weeks. 6. Pending I.A, if any, also stands disposed of. (Deepak Roshan, J.) 3rd July 2026 Amit Uploaded on 9/7/2026