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2026 DAILYLAW 26655 (JHR)

ASHWANI KUMAR SINHA v. THE STATE OF JHARKHAND

WPC/7165/2026 · 2026-09-15

Deepak Roshan

body2026

Judgment text

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2026:JHHC:27854 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 7165 of 2026 --------- ASHWANI KUMAR SINHA, son of late Deota Prasad Sinha, aged about 60 years, resident of Idgah Road (Keshopur), P.O. & P.S. Jamalpur, District Munger (Bihar).presently posted as In charge Head Clerk, office of Civil Surgeon-cum-Chief Medical Officer, Sahibganj. ....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 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) : Mrs. Sunita Kumari, A.C. to Sr.S.C.-II --------- 02/Dated: 15.09.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: i) For issuance of appropriate Writ, order or direction upon the respondents to regularize the service of the petitioner from 22.09.1991 [Date of Initial Appointment] to 15.07.1998 [Date of Fresh Posting] after the judgment of the Hon'ble High Court of Judicature at Patna dated 10.07.1995 in CWJC No.2799/1994 by which a direction was given to the respondents to give the petitioner a chance to file a reply to show cause before the Civil Surgeon against his order of termination and pass appropriate order in accordance with Law, and until a final decision is taken by the authority, the order impugned be kept in abeyance, and after considering the reply to show cause in detail, the respondents have not found any irregularity or illegality in the service of petitioner and posted him vide Memo No.749 dated 16.07.1998 [Annexure-5]. ii) For direction upon the respondents to pay arrears of salary for the periods during which the petitioner was kept under termination and all consequential benefits such as MACP to the petitioner after regularizing the service of the petitioner from 22.09.1991 to 15.07.1998. 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 representation dated 28.04.2026, the grievance of the petitioner has not been 2026:JHHC:27854 2 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, 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.3 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 and also in accordance with Annexures-3 and 5 to this writ application, 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 order is passed in favour of the petitioner, consequential benefits shall be extended to the petitioner within a further period of 4 weeks. The petitioner shall serve a 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.) SEPTEMBER 15, 2026 vikas/- uploaded 22/09/2026