NAVIN KUMAR KAUSHIK v. THE STATE OF JHARKHAND THR THE SECRETARY, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT
WPC/6205/2026 · 2026-08-31
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 25397 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 25397 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:26572 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6205 of 2026
--------- NAVIN KUMAR KAUSHIK, aged about 60 years, son of- Sri Ram Avatar Sharma, resident of Qr. No. EF-85, Sahab Colony, Railway, Opposite Gomoh Police Station, P.O. & P.S. Gomoh, District Dhanbad (Jharkhand).
....Petitioner(s)
Versus
1. The State of Jharkhand through the Secretary, Health, Medical Education & Family Welfare Department, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.
2. Director of Health Services, Govt. of Jharkhand, having its office at Jagannathpur School Building, Near Modern Bread Factory, P.O. & P.S. Dhurwa, District - Ranchi.
3. State Malaria Officer, RCH Directorate Campus, Namkum, P.O. & P.S. Namkum, District - Ranchi.
4. Director-in-Chief, Directorate of Health Services, GVI Campus, Namkum, P.O. & P.S. Namkum, District - Ranchi.
5. Mission Director, Jharkhand Rural Health Mission Society, Namkum, P.O. & P.S. - Namkum, District - Ranchi.
6. Deputy Commissioner, Bokaro, P.O. & P.S. - Chas, District - Bokaro.
7. District Malaria Officer-cum-Secretary, Bokaro, P.O. & P.S. - Bokaro Steel City, District - Bokaro.
....Respondent(s)
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : M/s. Anurag Kashyap, Supriya Dayal,
Abhay Anand, Advocates For the Respondent(s) : Mr. Zaid Imam, A.C. to S.C.-VII
--------- 02/Dated: 31.08.2026
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 an appropriate writ (s), order(s), or direction(s) in the nature of mandamus for commanding the respondents to treat the period from 01.04.2012 to 26.01.2014 as a continuous period for qualifying service period for the purposes of computation and calculation of the post retiral dues of the petitioner, especially appreciating the fact that the said artificial break in service was not on account of fault of the petitioner, rather the said break occurred due to time consumed by the respondents in overcoming the procedural formalities in issuance of appropriate order dated 22.01.2014, reappointing the petitioner in service, as such, the same may be treated to be continuous service, and accordingly compute and pay the entire post retiral dues. (b) For issuance of a further appropriate writ (s), order(s), or direction(s) in the nature of mandamus for commanding the respondents to treat the services of the petitioner to be a continuous service from 21.11.2008 till 31.10.2025 and
2026:JHHC:26572 2 consequently to grant the benefits of ACP/MACP to which the petitioner is entitled on successful completion of 17 years of continuous service and accordingly to revise the admissible salary and also to make payment of difference of salary eligible to be paid consequent upon grant of ACP/MACP benefits. (c) The petitioner further prays that consequent upon the above the respondents may further be directed to make payment of the entire post retiral dues including salary of 13 days i.e. from 01.11.2025 till 13.11.2025 not paid till date, fixation of current pension, Gratuity, G.P.F., Leave Encashment and other admissible terminal benefits admissible under law and payment of arrears of pension, fixation of payment of final pension in the current revised 7th pay scale along with interest @ 18% per annum from the date of entitlement till the date of actual payment.
3.
Learned counsel for the petitioner submits that though the petitioner is fully entitled for the prayer made in the instant writ application; however, in spite of repeated representations the grievance of the petitioner has not been redressed.
4.
Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such, the petitioner may be directed to approach the concerned respondent by filing a fresh representation, who shall look into the matter so that the grievance of the petitioner can be redressed.
5.
Having regard to the aforesaid submissions and without going into the merits of the case, the instant writ application is hereby disposed of by directing the respondent No.2 to look into the grievance of the petitioner by treating this writ application as representation and take a decision in the matter in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 8 weeks from the date of receipt of copy of this order and communicate the same to the petitioner and if the case of the petitioner is found favourable, consequential benefits be extended to the petitioner within a further period of 2 weeks. The petitioner shall serve a
2026:JHHC:26572 3 copy of this writ application along with the relevant documents to the concerned respondent for convenience.
6.
Pending I.A., if any, also stands closed.
(Deepak Roshan, J.) AUGUST 31, 2026 vikas/- uploaded 09/09/2026