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2026 DAILYLAW 9395 (JHR)

SMT USHA PANDEY v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/1767/2020 · 2026-02-03

Deepak Roshan

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Judgment text

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2026:JHHC:2834 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1767 of 2020 ….….. Smt Usha Pandey, aged about 52 years, W/o Sri. Arun kumarpandey, R/o Krishna Puri, Road No. 3, Chutia, Po and PS Chutia District – Ranchi, PIN. 834002.. ..… Petitioner (s) Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Officiating at Project Building, H.E.C Town Ship, P.O. & P.S. Dhurwa, Dist. Ranchi. 2. The Principal Secretary, Cabinet Secretariat and Vigilance Department, Government of Jharkhand, Project Building, P.O and P.S Dhurwa, Dist. Ranchi. 3. The Secretary, Women, Child Development and Social Security Department, Government of Jharkhand, Project Building, P.O and P.S Dhurwa, Dist. Ranchi. 4. Jharkhand State Social Welfare Board, through its Secretary 366-A, Road No. 4-B, P.O Ashok Nagar, P.S- Argora, Dist.- Ranchi. ..... Respondent(s) ….….. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….… For the Petitioner(s) : Ms. Aprajita Bhardwaj, Adv Ms. Amrita Singh, Adv Ms. Tejaswita Safalta, Adv For the Resp.-State : Mr. Manish Kumar, Sr. S.C.-II Mrs. Sunita Kumari, A.C. to Sr. S.C.-II ….….. 07/03.02.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondents to pay the arrears of honorarium/salary for the period running between 01.04.2018 to 18.06.2019 (14 months 18 days) totaling a sum of Rs 10,82,500/- without any further delay and to pay a suitable amount of interest as well. 3. The brief facts of the case as per the pleadings are that the petitioner was appointed as Chairperson of the Jharkhand State Social Welfare Board vide Government Notification dated 27.06.2017 and officially joined the post 2026:JHHC:2834 2 on 03.07.2017. Vide resolution dated 31.05.2018, the Government of Jharkhand notified the salary, allowances and other facilities to be given to non- government/nominated chairperson and other functionaries constituted by the Government. It was mentioned therein that Chairperson shall be given a salary of Rs 75,000/- per month with no other allowances, and the said resolution would be effective from 01.04.2018. The said resolution was communicated by Respondent No. 4 to Respondent No. 3 vide letter dated 22.06.2018. The Department of Women, Child Development & Social Security thereafter communicated the resolution to Central Social Welfare Board, pursuant to which the Board granted NOC regarding the fixation of the Chairperson’s salary. 4. The grievance of the petitioner is that even after granting NOC, the board did not release the petitioner's salary for the period 01.04.2018 to 18.06.2019. Though the petitioner was paid salary for the period subsequent to 18.06.2016, but that period was covered under another notification issued by the same board. 5. The further case of the petitioner is that though they have worked after the appointment and the concerned respondent-Board had full knowledge about the resolution dated 31.05.2018, but the payment of remuneration/honorarium for the period from 01.04.2018 to 18.06.2019 totaling a sum of Rs. 10,82,500/- has not been paid. 6. Learned counsel further draws attention of this Court towards Annexure-1; whereby the petitioner was appointed as Chairperson of Jharkhand State Social Welfare Board vide Notification dated 27.06.2017 and she submitted her joining on 03.07.2017. From record it further transpires 2026:JHHC:2834 3 that the Jharkhand Government vide its resolution dated 31.05.2018 decided and notified the salary allowance and other facilities to be given to the non-Government/Vice Chairpersons and Members of the Board and it was decided that the Chairperson of such Public Bodies/Board/ Corporation/Authority shall be given Rs. 75,000/- per month as salary and apart from that no further allowance shall be payable. Thus, from bare perusal of the Annexure-2 series; admittedly, there is no denial by the respondents that the petitioner had worked as Chairperson but their sole stand is that the recommendation was not approved by the cabinet even till date. 7. As a matter of fact, after perusing the said stand of the Respondents; order dated 29.01.2026 was passed to the effect that it was basically a criminal breach of trust by the respondents, therefore the 3rd respondent was directed to assist the Court in order to settle the lis with regard to payment of honorarium. 8. Mr. Manoj Kumar, Secretary Department of Women, Child Development & Social Security- the 3rd respondent is present through VC. 9. Having heard learned counsel for the parties and after going through Annexure-1, it is evident that the petitioner was appointed as Chairperson of Jharkhand State Social Welfare Board vide notification dated 27.06.2017. It is also evident that the Department of Women Child Development and Social Security made communication to the Central Social Welfare Board and the said Board also communicated its no objection regarding fixing of salary of Chairperson of Jharkhand State Social Welfare Board; the post which the petitioner was holding. The communications 2026:JHHC:2834 4 dated 30.07.2018, 12.09.2018 and 04.10.2018 are annexed as Annexure-4 series indicating therein that the State Government had full knowledge of the applicability of the State resolution 31.05.2018 and the Central Social Welfare also granted NOC. 10. Looking to the overall facts and circumstances of the case and also after going through the documents annexed with the respective affidavits and the admitted position with regard to the work done by the petitioner vis a vis the resolution and the salary fixed by the notification, there is no reason why the petitioner would not get any salary. Simply by saying that cabinet approval has not been done for some reason or the other; the petitioner cannot be deprived for her legitimate salary for which a proper resolution was issued. 11. Accordingly, the instant writ application stands allowed and the concerned respondent is directed to pay the arrears of honorarium/salary for the period between 01.04.2018 to 18.06.2019 within a period of 12 weeks from the date of receipt of copy of this order. If the entire honorarium/salary is not paid within the aforesaid stipulated period; the petitioner shall also be liable for 7% interest over and above the principal amount from the date of this order till the date of actual payment. 12. The personal appearance of the respondent no.3 is dispensed with. (Deepak Roshan, J.) Dated:03 /02/2026 Amardeep/ A.F.R Uploaded 11.03.2026