JOHANI TOPPO v. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT
WPC/4951/2025 · 2025-09-10
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11746 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11746 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:27614 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4951 of 2025 ------
1. Johani Toppo, aged about 61 years, daughter of Late Jakrias Toppo, resident of Village- Lowadih, PO + PS-Namkum, District- Ranchi, Jharkhand.
2. Sabita Kumari, aged about 60 years, daughter of Fanindra Kumar, resident of Village-Gokulpur, PO Satnag, PS-Chandi, District- Nalanda, Bihar.
3. Om Prakash Prasad, aged about 62 years, son of Late Satya Narayan Prasad, resident of Village- Jhiri, PO –Kamre, PS- Ratu, District-Ranchi, Jharkhand.
4. Jaynath Mahto, aged about 60 years, son of Late Kashi Nath Mahto, resident of Village-Heslatoli, Tola Jaratoli, PO & PS, Tatisilway, District- Ranchi, Jharkhand.
5. Sunita Toppo, aged about 64 years, daughter of Late Hembo Toppo, resident of Village-Dhautha Toli, PO Bargari, PS-Mandar, District- Ranchi, Jharkhand.
6. Ranjana Pandey, aged about 59 years, daughter of Valmiki Pandey, resident of Ispat residency “Pratiksha” B/G/01, Kathal More Road, PO-Dhurwa, PS- Jagarnathpur, District- Ranchi, Jharkhand.
… … Petitioner(s) Versus
1. The State of Jharkhand, through the Principal Secretary, School Education and Literacy Department, Govt. Of Jharkhand, Project Building, PO & PS Dhurwa, District- Ranchi, Jharkhand.
2. The Director, Primary Education, School Education and Literacy Department, Govt. Of Jharkhand, Project Building, PO & PS Dhurwa, District- Ranchi, Jharkhand.
3. The Regional Joint Director of Education/Regional Deputy Director of Education (R.D.D.E.), North Chhotanagpur Division, Hazaribagh, PO & PS-Hazaribagh, District- Hazaribagh, Jharkhand.
4. The District Education Officer (D.E.O.), Hazaribagh, PO & PS- Hazaribagh, District- Hazaribagh, Jharkhand.
5. The District Superintendent of Education (D.S.E.), Hazaribagh, PO & PS-Hazaribagh, District- Hazaribagh, Jharkhand.
6. The District Treasury Officer, Hazaribagh, PO & PS-Hazaribagh, District- Hazaribagh, Jharkhand.
7. The District Education Officer (D.E.O.), Bokaro, PO & PS- Bokaro, District- Bokaro, Jharkhand.
8. The District Superintendent of Education (D.S.E.) Bokaro, PO & PS-Bokaro, District- Bokaro, Jharkhand.
9. The District Treasury Officer, Bokaro, PO & PS-Bokaro, District- Bokaro, Jharkhand.
10. The District Education Officer, (D.E.O.), Giridih, PO & PS- Giridih, District- Giridih, Jharkhand.
11. The District Superintendent of Education (D.S.E.), Giridih, PO & PS-Giridih, District- Giridih, Jharkhand.
12. The District Treasury Officer, Giridih, PO & PS-Giridih, District- Giridih, Jharkhand.
13. The Accountant General (A & E), Jharkhand, Ranchi, PO & PS- Doranda, District- Ranchi, Jharkhand.
… … Respondent(s)
2025:JHHC:27614 ------
CORAM : SRI ANANDA SEN, J. ------
For the Petitioner(s) : Mr. Lalit Kr. Singh, Advocate
Mr. Vivek Singh, Advocate
M/s Saba Ali, Advocate
For the Respondent(s) : Mr. Mihir Kunal Ekka, AC to SC-I Mrs. Richa Sanchita, Advocate
Ms. Sanskriti Shalini, Advocate
Dr. (Mrs.) Vandana Singh, Advocate
------ 05/ 10th September,2025
1.
Heard the parties.
2.
In this writ petition, the petitioners have prayed for following reliefs:-
“For issuance of an appropriate, writ/s, order/s, direction/s in the nature of mandamus, commanding upon the concerned respondent authorities to consider the case/ representations of the petitioners, in respect of, revision of the scale of pay sanctioned and given to them by way of provisions of Assured Career Progression (A.C.P)/Pay-up-gradation as Rs.5000-150-8000 w.e.f. 18.09.2003 (1st A.C.P.) whereas petitioners are eligible and entitled for the scale of pay of Rs.5500-175-9000 in place of 5000- 150-8000 as per Clause-2(3) of resolution contained in Memo No.5207/F dated 14.08.2002 r/w resolution contained in Memo No.288/F dated 05.02.2007 and resolution contained in Memo No.636/F dated 08.03.2007 in this regard. II. For that issuance of an appropriate, writ/s,
order/s, direction/s in the nature of mandamus, commanding upon the concerned respondent authorities regarding making the payment of all consequential benefits which accrue after the revision of scale of pay of Rs.5500-175-9000 as 1st A.C.P./Pay up-gradation w.e.f. 18.09.2003 in this regard.”
3.
The learned counsel for the petitioners submits that suffice it would be if a direction is given to the respondents to consider the claim of the petitioners and pass a reasoned order.
4.
Learned counsel appearing on behalf of the State submits that if the petitioners file a fresh representation before the Director, Primary Education, School Education and Literacy Department, Govt. Of Jharkhand -respondent No.2, their case will be considered strictly as per law, considering their entitlement.
2025:JHHC:27614
5.
Considering the aforesaid submission, I direct the petitioners to file representation within four weeks from today before the Director, Primary Education, School Education and Literacy Department, Govt. Of Jharkhand -respondent No.2 who will consider the case of the petitioners. On receipt of the said representation, he will take a decision on the same within six weeks thereafter. If it is found that the petitioners are entitled for any monetary benefits the same should be extended to the petitioners within four weeks thereafter.
6.
With the aforesaid observations, this writ petition stands disposed of.
(ANANDA SEN, J.) Sandeep, cp2