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High Court of Jharkhand · body

2025 DAILYLAW 3048 (JHR)

GOPAL PRASAD MAHTO v. THE STATE OF JHARKHAND

WPC/1417/2025 · 2025-03-25

Sri Ananda Sen

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S). No. 1417 of 2025 1. Gopal Prasad Mahto, aged about 47 years, S/O Jiblal Mahto, R/O Village Jogidih, P.O. – Nagri, P.S.- Nimiaghat, District – Giridih. 2. Govind Kumar Das, aged about 53 years, S/O Moti Lal Das, R/O Village Chino, P.O. – Chino, P.S.- Dumri, District – Giridih. 3. Dularchand Pandit aged about 50 years son of Jagarnath Pandit , resident of village Chino, P.O. Chino, P.S. Dumri, District Giridih. 4. Giridhari Prasad Kushwaha aged about 49 years son of Hulash Mahto, resident of village Nawasar, P.O. Nai Tand, P.S. Dumri, District Giridih. 5. Jitendra Ravidas aged about 42 years son of Lakhan Ravidas, resident of village Ratidih, P.O. Nagri, P.S. Nimiaghat, District - Giridih. 6. Uma Shankar Mahto aged about 49 years son of Bharath Mahto, resident of village Baradih, P.O. Nagri, P.S. Nimiaghat, District - Giridih. 7. Talebar Kumar aged about 54 years son of Khushru Vishwakarma, resident of village Gordih, P.O. Khairidih, P.S. Birni, District - Giridih. 8. Kedar Prasad aged about 41 years son of Mahavir Prasad, resident of village Nagri, P.O. Nagri, P.S Nimiaghat, District- Giridih. 9. Hiramani Mahto aged about 49 years son of Shankar Lal Mahto, resident of village Galagi, tola Hursodih, P.O. Galagi, P.S. Nimiaghat, District - Giridih. 10. Dhaneshwar Mahto aged about 46 years son of Beni Mahto, resident of village Baradih, P.O. Nagri, P.S. Nimiyaghat, District - Giridih. 11. Lakshmikant Mahto aged about 41 years son of Gowardhan Mahto, resident of village Pipradih, P.O. Shikharji Madhwan, P.S. Madhuwan, District- Giridih. 12. Mahadeo Thakur aged about 54 years son of Deglal Thakur, resident of village Bedi, P.O. Shikharji, P.S. Pirtand (Madhuwan), District -Giridih. 13. Binod Kumar Pandit aged about 47 years son of Gour Chandra Pandit, resident of Piprasol, P.O. Ranitar, P.S. Karmatar, District - Jamtara. 14. Krishna Mohan Pandit aged about 47 years, son of Bihari Pandit , resident of Piprasol, P.O. Ranitar, P.S. Karmatar, District - Jamtara. 15. Rabin Chander Mandal aged about 43 years, son of Narayan Chander Mandal, resident of village Kalajhariya, P.O. Kalajhariya, P.S. Karmatar, District - Jamtara. 16. Kartik Mandal aged about 55 years, son of Shri Shivlal Mandal, resident of village Chhota Sunsun Dabra, P.O. - Karmatar P.S. -Karmatar District- Jamtara. 17. Ghafur Ansari aged about 49 years, son of Molvi Ramzan Ali, resident of Chano, P.O. Uchaghana, P.S. Bishnugarh, District - Hazaribagh. 18. Jageshwar Mahto, aged about 51 years, son of Bijal Mahto, resident of village Khaiyakhar, P.O. Potso, P.S. Nawadih, District - Bokaro. 19. Baleshwar Prasad aged about 57 years son of Bhikhan Mahto, resident of village Surhi, P.O. Surhi, P.S. Nawadih, District - Bokaro. 20. Khemlal Thakur aged about 48 years son of Damodar Thakur, resident of Nawadih, P.O. and P.S. Nawadih, District Bokaro. 21. Tula Ram Mahto aged about 52 years son of Hulas Mahto, resident of Nawadih, P.O. and P.S. Nawadih, District - Bokaro. 22. Ramdas Mahto aged about 51 years son of Kunju Mahto, resident of village Argamo, P.O. Argamo, P.S. Nawadih, District - Bokaro. 2 23. Mohammad Akhtar aged about 39 years son of Ali Mohammad resident of Birni, Tola Simrabad, P.O. Birni, P.S. Nawadih, District - Bokaro. 24. Rajeshwar Dhobi aged about 41 years son of Puran Dhobi, resident of village Kharpito, P.O. Argamo, P.S. Nawadih, District - Bokaro. 25. Mangal Mahto aged about 51 years son of Sanu Mahto, resident of village Taratand, P.O. Nawadih, P.S. Nawadih, District Bokaro. 26. Nakul Chand Mahto aged about 48 years son of Bhuneswar Mahto, resident of Junodih, P.O. Argamo, P.S. Nawadih, District -Bokaro. 27. Nunu Chand Mahto aged about 42 years son of Kailash Mahto, resident of village Chapri, P.O. Chapri, P.S. Nawadih, District- Bokaro. 28. Uma Kant Mahto aged about 43 years son of Bhawani Mahto, resident of village Durgapur, P.O. Durgapur, P.S. Kasmar, District - Bokaro. 29. Raj Kishor Mahto aged about 43 years son of Fagu Ram Mahto, resident of Parsatand, P.O. Durgapur, P.S. Kasmar, District - Bokaro. 30. Sannu Prajapati aged about 43 years son of Sri Jugan Prajapati, resident of village Tulbul, P.O. Hardiyamo, P.S. Gomia, District - Bokaro. 31. Bodh Narayan Mahto aged about 41 years son of Nemchand Mahto, resident of village Karo Basti, P.O. Bermo, P.S. Bermo, District - Bokaro. 32. Jitendra Kumar Mahto aged about 43 years son of Narayan Mahto, resident of village Chapri, P.O. Chapri, P.S. Nawadih, District - Bokaro. 33. Shiv Shankar Bauri aged about 38 years son of Murli Bauri, resident of village Kalajhora, P.O. Gharbar, P.S. Baliapur, District Dhanbad. 34. Hira Lal Mahato aged about 45 years son of Kartik Mahato resident of village Jagdish, P.O. Pradhankhanta, P.S. Baliapur, District-Dhanbad. 35. Raj Kishor Mallick aged about 48 years son of Mohan Mallick, resident of village Kalipur, P.S. Gharbar, P.S. Baliapur, District - Dhanbad. 36. Narayan Chandra Mandal aged about 52 years son of Sahdeo Mandal, resident of village Koradih, P.S. Pradhankhanta, P.S. Topchanchi (Phulwar O.P.), District Dhanbad. 37. Rajeev Ranjan Mahto aged about 46 years son of Digambar Mahto resident of Charki Pahari, P.O. Brahmandiha, P.S. Topchanchi, District - Dhanbad. … … Petitioners Versus 1. The State of Jharkhand. 2. Secretary, Department of School Education and Literacy, Government of Jharkhand, P.O. and P.S. - Dhurwa, District- Ranchi. 3. Jharkhand Education Project Council through its State Project Director, Office at J.S.C.A. Stadium Road, Sector-3, P.O. and P.S. - Dhurwa, District Ranchi. 4. District Education Officer Cum District Program Officer, Giridih, Samagra Shiksha, P.O. - Giridih, P.S.- Giridih, District - Giridih. 5. District Superintendent of Education- Cum -Additional District Program Officer, Giridih, Samagra Shiksha, P.O. -Giridih, P.S. -Giridih, District Giridih. 6. District Education Officer Cum District Program Officer, Jamtara, Samagra Shiksha, P.O. -Jamtara, P.S. -Jamtara, District- Jamtara. 7. District Superintendent of Education -Cum -Additional District Program Officer, Jamtara, Samagra Shiksha, P.O. -Jamtara, P.S.- Jamtara, District - Jamtara. 8. District Education Officer- Cum- District Program Officer, Hazaribagh, Samagra Shiksha P.O. -Hazaribagh, P.S.- Hazaribagh, District -Hazaribagh. 3 9. District Superintendent of Education -Cum -Additional District Program Officer, Hazaribagh, Samagra Shiksha P.O. -Hazaribagh, P.S.- Hazaribagh, District -Hazaribagh. 10. District Education Officer Cum District Program Officer, Bokaro, Samagra Shiksha, P.O. -Bokaro, P.S. -Bokaro, District -Bokaro. 11. District Superintendent of Education -Cum -Additional District Program Officer, Bokaro, Samagra Shiksha, P.O.- Bokaro, P.S.- Bokaro, District - Bokaro. 12. District Education Officer -Cum -District Program Officer Dhanbad, Samagra Shiksha, P.O.- Dhanbad, P.S.- Dhanbad, District- Dhanbad. 13. District Superintendent of Education -Cum -Additional District Program Officer, Dhanbad, Samagra Shiksha, P.O. -Dhanbad, P.S. -Dhanbad, District -Dhanbad. … … Respondents --- CORAM : SRI ANANDA SEN, J. --- For the Petitioners : Mr. Binod Kumar Jha, Advocate For the Resp.-JEPC : Mr. Krishna Murari, Advocate : Mr. Rajvardhan, Advocate For the Intervener : Mr. Ajit Kumar, Sr. Advocate : Ms. Tanya Singh, Advocate For the State : Mr. Sushant Kumar, AC to SC-II --- 04/25th March 2025 1. Petitioner has approached this Court for a direction upon concerned respondents to grant honorarium fixed for the TET pass teachers of Class - 6 to 8 and pay the differences of honorarium which is due since 02.03.2023. Further prayer has been made for a direction upon the respondents to immediately implement the guidelines issued vide Letter No. 829 dated 13.03.2023. 2. It is case of the petitioners that they are entitled for the benefits in respect of salary and other emoluments as they come under the purview of the directions by the benefits have been extended to them vide Letter No. 829 dated 13.03.2023. The grievance of the petitioners is that they are not being paid their salary as per the said notification. 3. Learned Senior Counsel Mr. Ajit Kumar appears on behalf of the intervener and submits that while considering the case of the petitioner, the conditions which have been prescribed in Letter No. 829 dated 13.03.2023 should not be interfered with and if it is done, the interveners will be affected. 4 4. Learned counsel for the respondents Mr. Krishna Murari submits that if a person is appointed to teach Class 1 to 5, they cannot get the pay-scale of teachers which is fixed for the teachers for Class 6 to 8. He further submits that there are different yard-sticks of their appointment and the scale is also different, so they cannot claim parity. 5. Considering the submission of the learned counsel for the parties, in my opinion, the entire dispute should first be looked into by the respondent no. 3, State Project Director, Jharkhand Education Project Council (JEPC). 6. Petitioners are directed to file a detailed representation ventilating their grievances before Respondent no. 3 who shall consider the same after giving one opportunity of hearing to the parties and will pass a reasoned order within a period of 12 weeks. 7. It is made clear that a representative of the intervener will also be given an opportunity of hearing. 8. With the aforesaid observation and direction, this writ petition stands disposed of. 9. Final order which will be passed, shall be handed over to the parties by the by the respondent no. 3. 10. If it is found that the parties are entitled for any monetary benefits, the same shall also be extended to them. (ANANDA SEN, J.) Aditi