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2025 DAILYLAW 27720 (JHR)

MALA SRIVASTAVA v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY

WPC/1314/2025 · 2025-03-19

Sri Ananda Sen

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.1314 of 2025 ----- Mala Srivastava, aged about 62 years, D/o G Lall, C/o C.D. Singh, Suresh Colony, Hazaribagh, PO Mukhya Dakhghar Hazaribagh and PS Sadar, District Hazaribagh, Jharkhand … Petitioner(s). Versus 1.The State of Jharkhand through Chief Secretary, office at 1st Floor, Project Building, PO and PS Dhurwa, District Ranchi 2.Secretary, Department of School Education and Literacy Development (Primary Education), MDI Building, PO and PS Dhurwa, District Ranchi 3.Director, Department of School Education and Literacy Development (Primary Education), MDI Building, PO and PS Dhurwa, District Ranchi 4.District Superintendent of Education, Department of School Education and Literacy Development, Ramgarh, B Block, New Collectorate Building, Chhattarmandu, PO, PS and District Ramgarh 5.District Superintendent of Education, CTS Colony, PO, PS and District Hazaribagh 6.Accountant General (A&E), Jharkhand, PO and PS Doranda, District Ranchi 7.Director, Education Department, Government of Bihar, office at New Secretariat, Vikas Bhawan, Bailey Road, PO L.B. Shastri Nagar, PS IGIMS Police Station Gr. II, District Patna … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Khalida Haya Rashmi, Advocate For State of Jharkhand : Mr. Varun Prabhakar, AC to GP-III For State of Bihar : Mr. Diwakar Upadhyay, Advocate …...... 06 /19.03.2025: Heard, learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner in this writ application has prayed for the following reliefs: a. Issuance of a writ, direction(s) or order in the nature of mandamus commanding upon the respondents to pay the retiral benefits to the petitioner after her retirement i.e. Pension, Gratuity with interest at the rate of 8% from the date of entitlement to the petitioner. b. For a direction upon the respondents to regularize the service for the period 10.07.1987 to 15.01.1990 for which the petitioner has applied for the medical leave and for which till date no order with regard to sanction or rejection of the said leave has been passed by the respondents. c. For direction upon the respondents to compute and pay the correct dues of salary for the period January, 1993 to March, 2 1997, May 1998 to January, 1999 and January, 2000 to 14.11.2000 with interest of 6%. d. For direction upon the respondents to pay the arrears of yearly increments as have been time and again erroneously or malafidely not been given by the respondents. e. For direction upon the respondents to pay benefits the Grade-II pay scale since 1999 which is being computed from 2002. 3. It is the case of the petitioner that though she is entitled for the aforesaid benefits, respondents are not taking care of to extend the said benefits to her. As per her, her services needs to be confirmed for the period 10.07.1987 to 15.01.1990 but the same has not been taken care of. It is a case that salary has been wrongly computed for the period January 1993 to March 1997, May 1998 to January 1999 and January 2000 to 14.11.2000. She submit that yearly increments have also not been paid to this petitioner. She also prays that the amount should be paid after correcting the errors. She also submits that the petitioner has represented before the Authority but no action was yet taken. 4. Learned counsel for the State submits that if the petitioner approaches and files detailed representation along with the documents in support of her claim before respondent no. 3-Director, Department of School Education and Literacy Development within four weeks from today, her case will be considered. 5. Considering different nature of prayers of the petitioner, I direct the petitioner to file a representation before respondent no. 3 within four weeks from today and an appropriate order will be passed within eight weeks thereafter. If it is found that the petitioner is entitled for any relief the same should be extended to the petitioner. If one or any other relief is reduced the reasons thereof be communicated to the petitioner. The entire process should be concluded within twelve weeks from the date of receipt of this order. 6. This writ petition is disposed of. (ANANDA SEN, J.) Tanuj/