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Jharkhand High Court

Mrs Papiya Mukherjee And Ors vs The State Of Jharkhand And Ors on 4 October, 2017

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

IN THE HIGH COURT OF JHARKHAND AT RANCHI
      Cont. Case ( Civil) No. 856 of 2016
                       ---
1.   Mrs. Papiya Mukherjee, W/o Sri Sitangshree Mukherjee,
     Resident of 68 Nurses Quarter No. 44, Near Life Line Nursing
     Home, P.O. P.S. Sakchi, Jamshedpur, District-East Singhbhum,
     Jharkhand.
2.   Mrs. Rekha Mishra, W/o late P.N. Dubey, Resident of 67,Nurses
     Quarter No. L-67, Near Life Line Nursing Home, P.O. P.S.
     Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
3.   Mrs. Padmini Basanti Jojodar, W/o Sri Sanya Topno, Resident of
     Toyila Tungari, Golmuri, P.O. & P.S. Golmuri, Jamshedpur,
     District-East Singhbhum, Jharkhand.
4.   Mrs. Susamma K.C. W/o Dr. G.C. Manjhi, Resident of Chenav
     Road, P.O. & P.S. Sakchi, Jamshedpur, District-East Singhbhum,
     Jharkhand.
5.   Mrs. Saroj Kumari, W/o Sri Umesh Kumar Singh, Resident of
     Agrico, Jamshedpur, District-East Singhbhum.
6.   Mrs. Nurjaha Begum, W/o Md. Firoj, Resident of Mango, Near
     Chepa Pul, P.O. & P.S. Mango, Jamshedpur, District-East
     Singhbhum.
7.   Mrs. Swapna Singh Chanda, W/o Sri Sujit Chandra, Resident of
     68 Nurses Quarter No. 34, Near Life Line Nursing Home, P.O.
     P.S. Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
8.   Mrs. Saswati Sen Gupta, W/o late Anjan Das Gupta, Resident of
     68 Nurses Quarter No. 49, Near Life Line Nursing Home, P.O.
     P.S. Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
9.   Mrs. Tripti Chaterjee, W/o Sri N.D. Mukherjee, Resident of 68
     Nurses Quarter No. 37, Near Life Line Nursing Home, P.O. P.S.
     Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
10. Mrs. Manya Sarkar, W/o Sri Sanjeev Kumar Sarkar, Resident of
     68 Nurses Quarter No. 68, Near Life Line Nursing Home, P.O.
     P.S. Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
11. Mrs. Supriti Chakraborty, W/o Sri Salil Kumar Ghoshal, Resident
     of Sitaramdera, P.O. Agrico, P.S. Sitaramdera, Jamshedpur,
     District-East Singhbhum.
12. Mrs. Mitali Dey, W/o Dinesh Chatterjee, Resident of 68 Nurses
     Quarter No. 58, Near Life Line Nursing Home, P.O. P.S.
     Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
13. Mrs. Tanima Banerjee, W/o late Samrendra Thakur, Resident of
     68 Nurses Quarter No. 51, Near Life Line Nursing Home, P.O.
     P.S. Sakchi, Jamshedpur, District-East Singhbhum, Jharkhand.
14. Mrs. Sudhansu Kumari, W/o Sri Ashok Kumar, Resident of
     Sukhiya Road 10, No. Basti, P.O. P.S. Golmuri, Jamshedpur,
     District-East Singhbhum.
15. Mrs. Lissy Samuel, W/o Sri Saji, Resident of 68, Nurses Quarter
     No. 55, Near Life Line Nursing Home, P.O. P.S. Sakchi,
     Jamshedpur, District-East Singhbhum.
16. Mr. Rakesh Kumar, S/o Sri Nageshwar Prasad Sinha, Resident of
     68, Nurses Quarter No. 01, Near Life Line Nursing Home, P.O.
     P.S. Sakchi, Jamshedpur, District-East Singhbhum.
17. Mr. Sambhu Saran Subham, S/o S. Prasad, Resident of 68,
     Nurses Quarter No. 14, Near Life Line Nursing Home, P.O. P.S.
     Sakchi, Jamshedpur, District-East Singhbhum.
18. Mr. Modi Oraon, S/o Sri Jagri Oraon, Resident of Gandak Road,
     Near Jail Chowk, P.O. P.S. Sakchi, Jamshedpur, District-East
     Singhbhum.
                                          .....Petitioners
                                        -2-
                                    Versus
           1.        The State of Jharkhand.
           2.        Dhananjay Oraon, the District Account Officer, Jamshedpur, P.O.
                     P.S. Jamshedpur, Town-Jamshedpur, District-East Singhbum.
           3.        Dr. Bijay Shankar Das, the Superintendent, MGM Medical
                     College & Hospital, P.O. & P.S. Jamshedpur, District-East
                     Singhbhum, Jharkhand.
                                                 ...     Opposite Parties
                                                 ---
           CORAM          : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
                                              ---
           For the Petitioners    : Mr. Prabhat Kr. Sinha, Advocate
           For the State          : Mr. Dhananjay Kr. Dubey, Sr. S.C. 1
                                  ---
05/4.10.2017

Heard the parties.

This application has been preferred by the petitioners for initiating a contempt proceeding against the opposite parties for violating the order dated 19.3.2015, passed in W.P.S. No. 1560 of 2014. Initially, in the writ application, a challenge was made by the petitioners to the order dated 1.3.2014 and 3.11.2014, which were quashed by this Court in WPS No. 1560 of 2014 with a liberty that if any recovery has been made from the petitioners pursuant to the order dated 1.3.2014, same shall be refunded back at the earliest.

In terms of the order passed by this Court, respondent authorities have already passed an order on 10.01.2017 cancelling order no. 405 dated 1.3.2014, in which it has been indicated that no recovery shall be made from the petitioners for non passing of Hindi Noting and Drafting Examination.

Learned counsel for the petitioners has submitted that at this juncture, petitioners are aggrieved by Resolution dated 18.5.2017, wherein certain post holders mentioned in the same have been exempted from passing the Hindi Noting and Drafting Examination and some of the petitioners are X ray technicians.

Since substantial compliance has been made to the order dated 19.3.2015, passed in W.P.S. No. 1560 of 2014, I am not inclined to proceed further in the contempt proceeding. Accordingly, this application is disposed of with a liberty to the petitioners to challenge the Resolution dated 18.5.2017 before the appropriate Forum.

(Rongon Mukhopadhyay, J) Rakesh/