2025:JHHC:26887 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4812 of 2025 ------ Jyoti Chawda, W/o Vijay Kumar, R/o Ranibandh Road No.3, Dhiya, P.O. ISM, P.S. Dhanbad, District Dhanbad. … … Petitioner Versus 1. The State of Jharkhand, through Principal Secretary, School Education & Literacy Department, Government of Jharkhand, at Project Building, Dhurwa, P.O. + P.S. Dhurwa, District Ranchi. 2. The Director, Directorate of Primary Education, School Education & Literacy Department, Government of Jharkhand, at Project Building, Dhurwa, P.O. + P.S. Dhurwa, District Ranchi. 3. The Deputy Commissioner, Dhanbad, at P.O., P.S. & District Dhanbad. 4. The District Superintendent of Education, Dhanbad, at P.O. + P.S. Dhanbad, District Dhanbad. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Mukesh Bihari Lal, Advocate Mr. Avilash Kumar, Advocate For the Respondent(s): Mr. Vishal Kr. Rai, AC to GA-IV ------ 03/ 04.09.2025 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. It is the case of the petitioner that the petitioner is entitled to get the notional benefit of Grade-IV Pay from the date of appointment. 3. Learned counsel representing the petitioner 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 2025:JHHC:26887 2 & 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 petitioner has 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 petitioner files a fresh representation annexing the judgments of the High Court, her case will be considered. 5. Considering the aforesaid submission, I direct the petitioner to file a detailed representation before the District Superintendent of Education, Dhanbad, annexing all the documents which she relies 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 petitioner, the reasons thereof should be communicated to the petitioner. 8. 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 2025:JHHC:26887 3 benefits without they being forced to approach this Court. 9. With the aforesaid directions, this writ petition stands disposed of. 10. 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