Citation : 2025 Latest Caselaw 6296 Jhar
Judgement Date : 8 October, 2025
2025:JHHC:31138
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.5635 of 2025
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Dr. Rajendra Chaudhary, S/o late Raghunath Prasad Chaudhary,
R/o Purvanchal Royal Park, Tower 14 Flat No. 116, Sector 137
Noida, 201305, Gautam Budha Nagar (UP), PO and PS Sector
24, District Gautam Budha Nagar (UP) ... Petitioner(s).
Versus
1.The State of Jharkhand
2.The Principal Secretary, Dept. of Finance, Govt. of Jharkhand,
Nepal House, Doranda, PO and PS Doranda, District Ranchi
3.The Secretary, Dept. of Health Medial Education & Family
Welfare, Govt. of Jharkhand, Nepal House, PO and PS Doranda,
District Ranchi
4.Joint Secretary, Dept. of Health Medial Education & Family
Welfare, Govt. of Jharkhand, Nepal House, PO and PS Doranda,
District Ranchi
5.Accountant General, Jharkhand, Ranchi, PO and PS Doranda
... Respondent(s).
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Tarun Kumar, Advocate For the State : Ms. Ruchi Mukti, AC to AAG-IA For Accountant General: Mrs. Richa Sanchita, Advocate .........
02 /08.10.2025: Heard the parties.
2. In this writ petition the petitioner has prayed for grant of DACP. Admittedly the petitioner is in the medical cadre. He retired on 31.01.2003 as Medical Officer, Giridih. The issue of DACP has already be decided by the Division Bench of this Court in LPA No. 86 of 2018 titled "Dr. Shyam Sundar Singh and Others vs. The State of Jharkhand and Others" which was upheld by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No(s). 52346/2023.
3. Thus by virtue of the said judgment, the petitioner is entitled for the benefit of the DACP.
4. As on date the case of the petitioner has not been considered. Thus, I direct the Director, Health Medical Education & Family Welfare to consider the case of the petitioner. If the
2025:JHHC:31138
petitioner is entitled for grant of DACP the same be granted to him.
5. The respondents will not take the ground that this petitioner was not a party in LPA No. 86 of 2018 to reject the claim of the petitioner.
6. Decision should be taken within a period of eight weeks from the date of receipt of the copy of this order. If it is found that the petitioner is entitled for the benefits, the same should be disbursed within four weeks thereafter.
7. Thus, this writ petition stands disposed of.
(ANANDA SEN, J.)
08.10.2025
Tanuj/CP-2
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