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2025 DAILYLAW 14183 (JHR)

JAGDISH CHANDRA SAHA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/2976/2025 · 2025-07-28

Deepak Roshan

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Judgment text

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2025:JHHC:20994 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2976 of 2025 --------- 1. Jagdish Chandra Saha, aged about 75 years, S/o- Late Devendra Sinha, R/o- vill Chamkata, P.O- Dumka, P.S-Dumka, Dist- Dumka, Jharkhand 814101. 2. Nilkantha Mehta, aged about 69 years, S/o- Late Sripati Mehta, R/o- vill- Lal Pokhara, P.O- Dumka, P.S- Dumka, Dist- Dumka, Jharkhand 814101. 3. Hemakanta Jha, aged about 74 years, S/o- Late Govind Jha, R/o- Dudnami, Kurua, P.O- Dumka, P.S- Dumka, Dist- Dumka, Jharkhand 814101. 4. Shankar Kumar Mandal, aged about 76 years, S/o- Late Prasanna Kumar Mandal, R/o- vill- Beldaha, P.O-Dumka, P.S Dumka, Dist- Dumka, Jharkhand 814101. 5. Sanatan Ghosh, aged about 72 years, S/o- Late Nanda Dulal Ghosh, R/o- vill Dhodda, P.O- Patjore, P.S-Ranishwar, Dist- Dumka, Jharkhand 814148. 6. Sushil Tudu, aged about 69 years, S/o- Late Lakhan Tudu, R/o- vill+P.O- Rajbandh, P.S- Dumka, Dist-Dumka, Jharkhand 814158. 7. Kalipada Dutta, aged about 68 years, S/o- Late Balaram Dutta, R/o- Shikaripara, P.O- Dumka, P.S-Dumka, Dist- Dumka, Jharkhand 814101. 8. Asit Kumar Chand, aged about 67 years, S/o- Late Shambhu Nath Chand, R/o- Sukanta Pally, Rampurhat, P.S- Rampurhat, P.O-Dist- Birbhum, West Bengal-731224. 9. Joydeb Das, about aged 68 years, S/o-Late Satyaniranjan Das, R/o- Vivekanand Pally, P.O- Suri, P.S- Birbhum, Dist- Birbhum, West Bengal. 10. Bhim Chandra Maji, aged about 67 years, S/o-Late Sitanath Maji, R/o- Sukjora, P.O- Ranishwar, P.S- Ranishwar, Dist- Dumka, Jharkhand 814148. 11. Subodh Kumar Chandra, aged about 75 years, S/o-Late Satish Chandra, R/o- vill+P.O- Ranishwar, P.S-Ranishwar, Dist- Dumka, Jharkhand 814148. 12. Ayoy Kumar Mondal, aged about 69 years, S/o-Late Radha Kanta Mondal, R/o- vill+P.O- Patjore, P.S-Ranishwar, Dist- Dumka, Jharkhand 814148. 13. Bijoy Kumar Mondal, aged about 73 years, S/o-Late Radha Kanta Mondal, R/o- vill+P.O- Patjore, P.S-Ranishwar, Dist- Dumka, Jharkhand 814148. 14. Nripendra Kumar Datta, aged about 72 years, S/o-Late Ghanshyam Datta, R/o- Vill+P.O- Hariharpur, P.S- Ranishwar, Dist- Dumka, Jharkhand-814148. 15. Ashok Kumar Dutta, aged about 75 years, S/o-Late Haranath Sutta, R/o- Vill+P.O- Hariharpur, P.S-Ranishwar, Dist- Dumka, Jharkhand 814148. 16. Dilip Kumar Roy, aged about 72 years, S/o- Late Birendra 2025:JHHC:20994 Nath Dutta, R/o- vill- Laldeghi Para, P.O-Suri, P.S- Birbhum, Dist- Birbhum, West Bengal 731224. 17.Barun Kumar Paul, aged about 68 years, S/o- Late Narayan Chandra Paul, R/o- Bara Bagan, P.O- Suri, P.S- Birbhum, Dist- Birbhum, West Bengal 731224. 18. Surnath Pandey, aged about 69 years, S/o- Late Manta Pandey, R/o- Vill+P.O- Jaypur, P.S+Dist-Banka, Bihar-813102. 19. Basanti Pal, aged about 70 years, W/o- Late Giridhar Pal, R/o-vill+P.O- Patjore, P.S.-Ranishwar, Dist- Dumka, Jharkhand 814148. 20.Maitreyee Ghosh, aged about 72 years, W/o- Late 20. Ganesh Ghosh, R/o-vill+P.O-Patjore, P.S Ranishwar, Dist- Dumka, Jharkhand -814148. 21. Sabita Rani Ghosh, aged about 73 years, W/o-Late Panchanan Ghosh, R/O-Vill+P.O.-Raghnathpur, P.S. Ranishwar, District-Dumka, Jharkhand-814148. .... Petitioners Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Building, P.O+P.S-Dhurwa, Ranchi, Jharkhand- 834004; 2. The Secretary, Department of School Education and Literacy, Government of Jharkhand, Project Building, P.O+P.S- Dhurwa, Ranchi, Jharkhand- 834004; 3. The Director, Primary Education, Department School Education and Literacy, Government Jharkhand, Project Building, P.O+P.S- Dhurwa, Ranchi, Jharkhand- 834004; 4. The Deputy Commissioner, Dumka, P.O.+P.S.-Dumka, Jharkhand-816109. 5.The District Education Officer cum District Superintendent of Education, Dumka, P.O.+P.S. Dumka, Jharkhand-816109. 6. The Accountant General, Jharkhand, P.O.+P.S. Doranda, District-Ranchi, Jharkhand- 834002. .... Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Rishikesh Giri, Adv. For the Resp.-State : Mr. Sweta Shukla, A.C. to AAG-II --------- 02/28.07.2025 Heard learned counsel for the parties. 2. At the outset, learned counsel for the petitioner submits that due to inadvertence incorrect District has been mentioned in the cause list; as such he may be permitted to correct the same. 3. Permission is accorded. 2025:JHHC:20994 4. Learned counsel for the petitioner is directed to do so in course of the day. 5. With consent of the parties the matter is taken up for hearing. 6. The instant writ application has been preferred by the petitioners for the following releifs; a. For direction upon the respondents in the nature of 'Mandamus' commanding upon them to extend the same and similar benefits to those petitioners who have approached this Hon'ble Court W.P.(S) no. 2589 of 2020 and analogous cases, whereby, this Hon'ble Court has quashed and set aside the impugned Clause 7 'kha' (vi) of Resolution no. 1145 dated 18/07/2019, Wherein it has been further directed by the Hon'ble Court that "the petitioners are entitled to Grade-I from the date of their initial appointments and further grades as applicable is the individual cases. The benefits thereof be extended to the retired or deceased teachers like the petitioners by the respondents within a period of eight weeks from the date of receipt of a copy of this order. It is also expected from the respondents that they shall come with fresh resolution after expunging / modifying the impugned clause from the Resolution dated 18.07.2019, so as to justice be ensured to all concerned, like the petitioners". b. Pass any other order/ writ/ direction as your Lordship may deem fit and proper in the facts and circumstances of the case and in accordance with law. 7. Learned counsel for the petitioner submits that the petitioners are entitled to the Grade-I from the date of their initial appointment and further grades as applicable in the individual cases. Therefore, the benefits thereof be extended to the retired and deceased teachers like the petitioners by the respondents. He further submits that the issue involved in this writ application has already been decided by this Court and the same has attained finality in W.P.(S) No. 2589 of 2020 with analogous cases; wherein this court has quashed and set aside the impugned Clause 7 ‘Kha’ (vi) of Resolution No. 1145 dated 18.07.2019. Accordingly, since the case of the petitioners are also covered by the judgment passed by the Coordinate Bench of this Court in W.P.(S) No. 2589 of 2020 with analogous cases, the respondents may be directed to act upon the prayer made in this writ application 2025:JHHC:20994 in the light of the said order. 8. Learned counsel for the respondent fairly submits that though no counter-affidavit has been filed; but it is true that Clause 7 ‘Kha’ (vi) of Resolution dated 18.07.2019 has already been quashed, as such if the case of the petitioners will fall within the ambit of the judgment rendered in W.P.(S) No. 2589 of 2020 with analogous cases, the same shall be considered positively. 9. Having regard to the aforesaid facts and circumstances of the case, the instant writ application, is, hereby disposed of by directing the 3rd Respondent to treat this writ application as representation of the Petitioners and take a decision in the matter by passing a reasoned and speaking order in view of the admitted fact that Clause 7 ‘Kha’ (vi) of Resolution No. 1145 dated 18.07.2019 has already been quashed and set aside in W.P.(S) No. 2589 of 2020 with analogous cases. Accordingly, if the case of these Petitioners comes under the ambit of the decision passed in the referred case, same and similar benefit be extended to these Petitioners. The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of copy of this order. One of the petitioners is directed to serve the copy of the writ application to the 3rd Respondent for early disposal of their claims. 10. Accordingly, the instant writ application stand disposed of. Pending I.A. if any also stands disposed of. (Deepak Roshan, J.) Amardeep/-