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2025 DAILYLAW 11086 (JHR)

ANIL NATH MISHRA v. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT

WPC/3157/2025 · 2025-08-07

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:22809 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3157 of 2025 ------ 1. Anil Nath Mishra, S/o Bhola Nath Mishra, R/o House No.18, Ward No.29, R.L. Sarraph Road, Deoghar, P.O. Deoghar, P.S. Deoghar (Town), District Deoghar, Jharkhand. 2. Rakesh Chandra Bihari Lal Jha, S/o Akhileshwar Jha, R/o Ward No.27, Chatisi, Bilasi Town, P.O. B. Deoghar, P.S. Deoghar (Town), District Deoghar, Jharkhand. 3. Gyaneshwar Pandit, S/o Ganesh Pandit, R/o House No.75, Ward No.30, Dukhi Sah Lane, Jhounsagarhi, Deoghar, P.O. & P.S. Deoghar, District Deoghar, Jharkhand. 4. Renu Devi, widow of Late Sureshwar Dutt Dwari, R/o Ward No.29, Chakravarti Lane, Deoghar, P.O. Deoghar, P.S. Deoghar (Town), District Deoghar, Jharkhand. … … Petitioners Versus 1. The State of Jharkhand, through the Principal Secretary, School Education and Literacy Department, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 2. The Director, Primary Education, School Education and Literacy Department, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Deputy Commissioner, Deoghar, P.O. & P.S. Deoghar, District Deoghar, Jharkhand. 4. The District Superintendent of Education, Deoghar, P.O. & P.S. Deoghar, District Deoghar, Jharkhand. 5. The Accountant General (A & E), Jharkhand, P.O. & P.S. Doranda, District Ranchi, Jharkhand. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Arvind Kumar Choudhary, Advocate For the Respondent(s): Mr. Ranjan Kumar, AC to Sr. SC-I Mr. Sudarshan Shrivastava, Advocate ------ 04/ 07.08.2025 Heard learned counsel representing the petitioners and learned counsel representing the respondents. 2. It is the case of the petitioners that that petitioner Nos.1, 2 & 3 are entitled to get the notional benefit of Grade-I Pay and the husband of petitioner No.4 is also entitled to get the same benefit, from the date of appointment. 3. Learned counsel representing the petitioners submits that 2025:JHHC:22809 2 the issue has already been set at rest by several judgments of this Court and ultimately it has been held that the clause which prohibited the retired and deceased employees to get the said benefits, has been struck down. He submits that the effect of striking down the said clause is that all the employees be they superannuated or deceased, are entitled to get the notional benefit of Grade-I Pay. He submits that the respondents are now extending the benefits to only those persons who are approaching this Court. He further submits that the petitioners have filed a representation before the Superintendent of Education, Deoghar, but no decision has yet been taken. 4. Learned counsel representing the respondent-State submits that if the petitioners file fresh individual representation annexing the judgments of the High Court, their case will be considered. 5. Considering the aforesaid submission, I direct the petitioners to file their detailed representation before the District Superintendent of Education, Deoghar, annexing all the documents which they rely upon including the judgments passed by this Court and also the orders by which similarly situated persons have been extended the benefits by the respondents. 6. The representation must be filed within a period of four weeks. If such representations are filed, the concerned respondents will consider the case of the petitioners within six weeks thereafter. 7. If any adverse order is passed against the claim / representation of the petitioners, the reasons thereof should be communicated to the petitioners. 2025:JHHC:22809 3 8. The entire process must be concluded within twelve weeks from the date of receipt of copy of this order along with the representations of the petitioners. 9. Before parting, I direct the Director, Department of Primary Education, School Education & Literacy, Government of Jharkhand, to look into this issue and if the decision of this Court in W.P.(S) No.2589 of 2020 (Sudhir Narayan Dwary & Ors. Vs. The State of Jharkhand & Ors.) and other Analogues cases, is in rem, he should ensure that all the similarly situated persons will get the same benefits without they being forced to approach this Court. 10. With the aforesaid directions, this writ petition stands disposed of. 11. Let a copy of this order be sent to the Director, Department of Primary Education, School Education & Literacy, Government of Jharkhand. (ANANDA SEN, J.) Prashant.Cp-2