Gopal Kumar Mandal Vs the State of Jharkhand through the Secretary Cum Commissioner Deptt of Health and Family Welfare — Jharkhand HC (2026) — LawSathi Research

Gopal Kumar Mandal Vs the State of Jharkhand through the Secretary Cum Commissioner Deptt of Health and Family Welfare — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the judgment passed in LPA No. 254 of 2022 in favour of co-writ petitioner no. 2 can be relied upon as a ground to seek review of, or to obtain similar relief for, the review petitioner (writ petitioner no. 4 of W.P. (S) No. 736 of 2010). +1 more

Court's answer

The judgment in LPA No. 254 of 2022 was passed upon certain instructions received by the learned counsel for the State, who had submitted that the appellant was out of service only for a short period and was still working.

Ratio / Principle

Learned counsel for the petitioner could not point out any material from the records regarding the period for which the petitioner had actually worked and the period for which he remained out of service.

Key takeaways

The judgment passed in LPA No. 254 of 2022 in connection with writ petitioner no. 2 cannot be mechanically applied to the review petitioner (writ petitioner no. 4) and accordingly cannot be a ground to seek review.ratio¶20
Although the review petition was filed prior to the judgment in LPA No. 254 of 2022, no ground from the review petition itself was argued by the learned counsel for the petitioner.ratio¶21

Detailed headnote1 paragraphs

Jharkhand High Court at Ranchi (Anubha Rawat Choudhary, J.; decision dated 28.01.2026) dismisses Civil Review No. 40 of 2022 filed by Gopal Kumar Mandal, petitioner no. 4 of W.P. (S) No. 736 of 2010. The review petitioner relied solely on the judgment dated 05.01.2023 in LPA No. 254 of 2022, by which co-writ petitioner no. 2 of the same writ petition had obtained relief. The court observed that the LPA judgment was passed upon instructions given by counsel for the State that the appellant therein was out of service only for a short period and was still working; counsel for the review petitioner could not point to any record material showing the periods he actually worked and remained out of service. The court held that the judgment in LPA No. 254 of 2022 cannot be mechanically applied to the review petitioner and cannot be a ground to seek review; it further noted that although the review petition predated the LPA judgment, no ground from the review petition itself was argued. The civil review petition was dismissed and pending interlocutory application(s), if any, closed.

( 2026:JHHC:3236 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Review No. 40 of 2022

Gopal Kumar Mandal, age about 56 years, son of Late Suresh Chandra Mandal, resident of and P.O. Bariran Bahiyar, P.S. Ramgarh, District Dumka (Jharkhand). … … Petitioner

Versus

The State of Jharkhand through the Secretary-cum-Commissioner, Department of Health and Family Welfare, Government of Jharkhand, Ranchi having its Office at Nepal House, P.O. & P.S. Doranda, DistrictRanchi.

The Joint Secretary to the Government Department of Health and Family Welfare, Government of Jharkhand, Ranchi having its Office at Nepal House, P.O. & P.S. Doranda, District-Ranchi.

The Deputy Secretary to the Government, Department of Health and Family Welfare, Government of Jharkhand, Ranchi having its Office at Nepal House, P.O. & P.S. Doranda, District-Ranchi.

The Commissioner, Santhal Pargana Division, Dumka, having its office at P.O. & P.S. Dumka, District-Dumka.

The Deputy Commissioner, Dumka having its office at P.O. & P.S. Dumka, District-Dumka.

The Civil Surgeon-cum-Chief Medical Officer, Dumka having its office at P.O. & P.S. Dumka, District-Dumka.

The In-charge Medical Officer, Primary Health Centre having its office at Jarmundi, P.O., P.S. & District-Dumka.

The In-charge Medical Officer, Primary Health Centre, having its office at Masalia, P.O., P.S. & District-Dumka.

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

--For the Petitioner : Mr. Abhijeet Kumar, Advocate : Ms. Rishi Bharti, Advocate For the Opp. Parties : Mr. Anish Kumar Mishra, A.C. to Sr. S.C. I ---

06 /28.01.2026 This civil review petition has been filed by petitioner no. (4) of W.P. (S) No. 736 of 2010.

2. Learned counsel for the petitioner has submitted that LPA. No. 254 of 2022 was filed by petitioner no. 2 of the W.P. (S) No. 736 of 2010 and the same has been allowed vide judgment dated 05.01.2023. The learned counsel submits that prior to the disposal of the LPA, the petitioner no. 4 had filed this civil review petition and similar relief be granted to the petitioner as granted in LPA. No. 254 of 2022.

3. The petitioner is seeking review of the judgement by only referring to the judgment passed in the case of co-writ petitioner in LPA. No. 254 of 2022. Upon perusal of the judgement passed in LPA. No. 254

( 2026:JHHC:3236 )

of 2022 it appears that the same was passed upon certain instructions received by the learned counsel for the state who had submitted that the appellant was out of service only for a short period and was still working. The learned counsel for the petitioner has not been able to point out any material from the records regarding the period for which the petitioner had actually worked and the period for which the petitioner remained out of service.

4. This court is of the view that judgment which has been passed in LPA. No. 254 of 2022 in connection with writ petitioner no.2 cannot be mechanically applied to the review petitioner (writ petitioner no.4) and accordingly the judgement of LPA. No. 254 of 2022 with respect to copetitioner cannot be a ground to seek review.

5. It is important to note that the present review petition was filed prior to passing of the judgement in LPA. No. 254 of 2022 but no ground from the review petition has been argued by the learned counsel for the petitioner.

6. As a cumulative effect of the aforesaid discussions, this civil review petition is dismissed.

7. Pending interlocutory application, if any, is closed.

(Anubha Rawat Choudhary, J.)

Dated: 28.01.2026 Uploaded on 06.02.2026 Binit

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