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2026 DAILYLAW 24847 (JHR)

BINOD KUMAR GIRI v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND

WPC/5588/2026 · 2026-08-28

Deepak Roshan

body2026

Judgment text

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2026:JHHC:25982 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5588 of 2026 …… Binod Kumar Giri, aged about 41 years, s/o late Satish Kumar Giri, R/o Q. No. B/31, Near Hari Mandir, Mada Colony, P.O. & P.S. Hirapur, District Dhanbad, Jharkhand. …. Petitioner(s) -VERSUS- 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Office at Project Building, Dhurwa, P.O.& P.S. Dhurwa, District Ranchi (Jharkhand) 834004 2. The of Urban Principal Secretary, Department of Urban Development & Housing, Government of Jharkhand, Office at Project Building, Dhurwa, P.O.& P.S. Dhurwa, District Ranchi (Jharkhand) 834004 3. Jharkhand Mineral Area Development Authority through its Managing Director, Jharkhand Mineral Area Development Authority, Office at L.C. Road, P.O.& P.S. Dhanbad, District Dhanbad (Jharkhand) 826001 4. The Managing Director, Jharkhand Mineral Area Development Authority, Office at L.C. Road, P.O.& P.S. Dhanbad, District Dhanbad (Jharkhand) 826001 5. The Secretary, Jharkhand Mineral Area Development Authority, Office at L.C. Road, P.O.& P.S. Dhanbad, District Dhanbad (Jharkhand) 826001. …..Respondent (s) …… CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Baibhaw Gahlaut, Adv For the Resp.-State : Mr. Varun Prabhakar, A.C. to G.P.-III 2/28.08.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (A) For issuance of writ in the nature of mandamus or any other appropriate writ, order, direction upon the Respondent No. 1 to appoint the members of the Mineral Area Development Authority as per Section 5 of the Jharkhand Mineral Area Development Authority Act, 2000, so that the application of the Petitioner for Compassionate Appointment in Jharkhand Mineral Area Development Authority can be considered by the said authority; (B) For issuance of writ in the nature of mandamus or any other appropriate writ, order, direction upon the Respondent No. 3 to consider the case of the Petitioner for compassionate appointment in Jharkhand Mineral Area Development Authority as the Authority under section 12 of the Jharkhand Mineral Area Development Authority Act, 2000 has exclusively been vested with the power to appoint the employees of Jharkhand Mineral Area Development Authority; 2026:JHHC:25982 2 (C) Or in alternate to the prayer (A) & (B), for the issuance of a writ in the nature of mandamus or any other appropriate writ, order, direction upon the Respondent No. 4 to consider the case of the Petitioner for compassionate appointment in Jharkhand Mineral Area Development Authority 3. Learned counsel for the petitioner submits that though the petitioner is fully entitled for the prayer made in the instant writ application; as such, he submits that this case may be disposed of by giving liberty to the petitioner to file fresh representation before the concerned respondent for redressal of his grievance. 4. Learned counsel for the respective respondents fairly submits that since no counter affidavit has been filed; as such the petitioner may approach the respondent no.4 for redressal of his grievance. 5. Having regard to the aforesaid submissions and looking to the prayer made in the instant writ application, the same is hereby disposed of by directing the petitioner to approach the 4th respondent by filing a fresh representation along with all relevant documents. The moment 4th respondent receives the representation; he shall take a decision in the matter with regard to the claim raised in the writ application after verification of the record in accordance with law and applicable rules and regulations within a period of 12 weeks from the date of receipt of such representation and if the decision is in favour of the petitioner, all consequential order shall also be passed within a further period of 5 weeks. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. Pending I.A. if any also stands closed. (Deepak Roshan, J) 28.08.2026 Amardeep/ Uploaded on 3.9.26