Jharkhand High Court
Sabina Murmu Wife Of Marval Soren vs The State Of Jharkhand on 17 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2731 of 2022
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1. Sabina Murmu wife of Marval Soren, resident Meghi Boarijor, PO PS
Boarijor, District Godda 813208.
2. Sonamati Marandi wife of Manoj Tudu, resident of Harrakha, PO
Lohandia Bazar, PS Lalmatiya, District Godda 814165.
3. Sumanlata Marandi wife of Naresh Chandra Tudu, resident of Chakra
Kusumghati, Boarijor, PO Kusumghati, PS Lalmatiya, District Godda
814147.
... Petitioners
-versus-
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Project Bhawan,
HEC, Dhurwa, Ranchi.
3. The Principal Secretary, Women Child Development and Social
Security Department, Government of Jharkhand, Project Bhawan,
HEC, Dhurwa, Ranchi.
4. The Director General, National Health Mission, Jharkhand, Project
Bhawan, HEC, Dhurwa, Ranchi.
5. The District Social Welfare Office, Godda, PO Godda, PS Godda,
District Godda.
6. The Integrated Child Development Scheme Officer, Boarijore, PO PS
Boarijore, District Godda 814165.
7. Union of India
8. The Secretary, Ministry of Women and Child Development, Govt. of
India, Shastri Bhawan, Dr. Rajendra Prasad Road, PO Central
Secretariat, PS Parliament Street, New Delhi 110001.
... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioners : Mr. Ajmal Ashraf Khan, Advocate
For the Respondents : Mr. Gaurav Raj, AC to AAG II
Mr. Vikash Kumar, C.G.C.
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4/ 17.11.2022 Heard learned counsel for the petitioners and respective learned
counsel for the respondents.
2. Petitioners, in this writ petition have challenged Annexure 4, i.e.,
resolution dated 24.02.2022, whereby a decision has been taken to
discontinue the engagement of Additional Anganbari Sevikas-cum-Nutrition
Advisor (Poshan Sakhi), thereby discontinuing the services of this petitioners.
Prayer has also been made to quash Annexure 5, which is a communication
between the Minister, Ministry of Women and Child Development, Government
of India and Minister, Women Child Development and Social Welfare
Department, Government of Jharkhand.
3. After hearing the parties, I hold that Annexure 5, which is a
communication between the Central Minister and State Minister cannot be a
subject matter of this writ petition, as merely an information has been
exchanged, which cannot be quashed. So far as Annexure 4 is concerned, it is
a resolution whereby the Central Government has taken a decision to
withdraw the scheme and the fund (United fund Additional AWW-cum-Nutrition
Counsellor) as a result of such withdrawal, it has been decided to withdraw
Additional Anganbari Sevika cum Nutrition Advisor (Poshan Sevika).
Petitioners are praying that this resolution be set aside in the light of judgment
passed by the Hon'ble Supreme Court in W.P.(C) No.196 of 2001.
4. After going through the said judgment, I find that the same is not
applicable in the instant case as in the instant case only Additional Anganbari
Sevikas are sought to be withdrawn.
5. Further, it is apparent that the Government has withdrawn the said
scheme. Once the Government has withdrawn the said scheme, the
petitioners, who are Additional Anganbari Sevikas, did not have any right to be
absorbed in any Government service. Since this particular scheme involving
Additional Anganbari Sevikas has been withdrawn, their contract has
automatically been terminated. Thus, I find no merit in this writ petition. This
writ petition is, accordingly, dismissed.
(Ananda Sen, J.)
Kumar/Cp-02
