2025:JHHC:22807 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3750 of 2025 ------ 1. Ramesh Chandra Choudhary, S/o Late Santosh Kumar Choudhary, R/o Village Kheshmi, P.O. Gomo, P.S. Topchanchi, District Dhanbad, Retired as Assistant Teacher from Govt. Middle School, Kheshmi, P.O. Gomo, P.S. Topchanchi, District Dhanbad. 2. Krishna Prasad Ravidas, S/o Late Chhotu Ram Ravidas, R/o Village Kiyari Bandh, Radha Krishna Mandir Road, P.O. & P.S. Jharia, District Dhanbad, Retired as Assistant Teacher from Govt. Primary School, Hetaly Bandh, Jharia-01, P.O. Jharia, P.S. Lodna, Jharia, District Dhanbad. 3. Gaya Prasad Choudhary, S/o Late Sukhari Ram, R/o Village Koyari Bandh, Satmorwa, P.O. & P.S. Jharia, District Dhanbad, Retired as Assistant Teacher from Govt. Primary School, Kalali Patti, Jharia 01, P.O. & P.S. Jharia, District Dhanbad. 4. Md. Inamul Haque, son of Md. Suleman, R/o Thana Road, Jharia, P.O. & P.S. Jharia, District Dhanbad, Retired as Assistant Teacher from Govt. Board Middle School, Jharia, P.O. & P.S. Jhara, District Dhanbad. 5. Rajendra Paswan, S/o Sri Gano Paswan, R/o Village Pipara, P.O. Andhwa, P.S. Wazirganj, District Gaya (Bihar), Retired as Assistant Teacher from Govt. Upgraded Middle School, Golakdih, P.O. Jharia, P.S. Tisra, District Dhanbad. 6. Abdul Gaffar, S/o Late Shaharuddin, R/o Chouthai Kuli, Near Kids Garden School, Jharia, P.O. & P.S. Jharia, District Dhanbad, Retired as Assistant Teacher from Govt. K.C. Middle School, Jharia, P.O. & P.S. Jharia, District Dhanbad. 7. Manjulata Mahto, W/o Late Subhash Chandra Mahto (Retd. Assistant Teacher), R/o Village Bhaga Rampur, P.O. Aamtal (Via Jharia), P.S. Baliapur, District Dhanbad. 8. Poonam Kumari, D/o Late Balbir Paswan (Retd. Assistant Teacher), R/o Village Kavirpur, P.O. Katari Sarai, P.S. Barbigha, District Munger (Bihar). 9. Indra Mani Devi, W/o Late Malhan Rohidas, (Retd. Asstt. Teacher), R/o Village & P.O. Urma, P.S. Nirsa, District Dhanbad. … … Petitioners Versus 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 2. The Director, Directorate of 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, Dhanbad, P.O. & P.S. Dhanbad, District Dhanbad. 4. The District Superintendent of Education, Dhanbad, P.O. & P.S. Dhanbad, District Dhanbad. … … Respondents 2025:JHHC:22807 2 ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Amit Kr. Tiwari, Advocate For the Respondent(s): Mr. Ravi Prakash Mishra, AC to AAG-II ------ 03/ 07.08.2025 Heard learned counsel representing the petitioners and learned counsel representing the respondents. 2. It is the case of the petitioners that the petitioners and their deceased husbands / fathers are entitled to get the notional benefit of Grade-1, Grade-2, Grade-3 and Grade-4 Pay from the date of appointment. 3. Learned counsel representing the petitioners submits that 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-1, Grade-2, Grade-3 & Grade-4 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 District Superintendent of Education, Dhanbad, but no decision has yet been taken. 4. Learned counsel representing the respondent-State submits that if the petitioners file a fresh representation annexing the judgments of the High Court, their case will be considered. 5. Considering the aforesaid submission, I direct the 2025:JHHC:22807 3 petitioners to file a detailed representation before the District Superintendent of Education, Dhanbad, 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 representation is 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. 8. The entire process must be concluded within twelve weeks from the date of receipt of copy of this order along with the representation of the petitioners. 9. Before parting, I direct the Director, Directorate of Primary Education, School Education & Literacy Department, 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, Directorate of Primary Education, School Education & Literacy Department, Government of Jharkhand. (ANANDA SEN, J.) Prashant.Cp-2