2025:JHHC:29765 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 77 of 2020 --------- Babban Upadhyay, aged about 60 years, S/o Late Uma Shankar Upadhyay, R/o Village Gandhi Nagar, Shiv Mandir Road, P.O. Purana Bazar, P.S. Dhansar & District - Dhanbad. ....Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Planning-cum- Finance, Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 3. The Secretary, School, Education & Literacy Department Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 4. The Director (Secondary Education), School, Education & Literacy Department, Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 5. The Deputy Commissioner, Dhanbad, P.O., P.S. & District - Dhanbad. 6. The District Education Officer, Dhanbad, P.O., P.S. & District - Dhanbad. 7. The In-charge Principal, D.A.V. High School, Dhanbad, P.O. Purana Bazar, P.S. Dhansar & District - Dhanbad. 8. The Principal Accountant General (A & E), Jharkhand, P.O., P.S. Doranda & District - Ranchi. 9. The Senior Accounts Officer, Principal Accountant General (A & E), Jharkhand, P.O., P.S. Doranda & District - Ranchi. ....Respondents With W.P. (S) No. 1875 of 2020 --------- 1. Pradeep Kumar Choudhary, aged about 65 years, S/o Late Neel Chand Choudhary, R/o Gandhi Road, Aneja Colony, P.O. Dhanbad, P.S. Dhansar & District Dhanbad. 2. Vidyadhar Tiwari, aged about 69 years, S/o Late Ram Suresh Tiwari, R/o Barmasia, Hari Narayan Nagar, P.O. Dhanbad, P.S. Dhansar & District - Dhanbad. 3. Prem Shankar Pandey, aged about 68 years, S/o Late Rama Shankar Pandey, R/o Panchvati Surya Vihar Colony, Bertand, P.O. Dhanbad, P.S. Dhansar & District - Dhanbad. 4. Gena Rai, aged about 62 years, S/o Late Chandra Deo Rai, R/o Raghuraj Tower, Gandhi Nagar, P.O. Dhanbad, P.S. 2025:JHHC:29765 2 Dhansar & District - Dhanbad. 5. Saraswati Devi, aged about 59 years, W/o Late Janardan Pandey, R/o Ratan Ji Road, Purana Bazar, P.O. Dhanbad, P.S. Bank More & District - Dhanbad. 6. Sunita Devi, aged about 37 years, W/o Late Surendra Kumar Tiwari, R/o Barmasia, P.O. Dhanbad, P.S. Dhansar & District - Dhanbad. 7. Urmila Devi, aged about 49 years, W/o Late Ravindra Tiwari, R/o Kulmandih, P.O. Nayasankho, P.S. Devri & District Giridih. ....Petitioners Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Planning-cum- Finance, Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 3. The Secretary, School, Education & Literacy Department Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 4. The Director (Secondary Education), School, Education & Literacy Department, Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 5. The Deputy Commissioner, Dhanbad, P.O., P.S. & District - Dhanbad. 6. The District Education Officer, Dhanbad, P.O., P.S. & District - Dhanbad. 7. The In-charge Principal, D.A.V. High School, Dhanbad, P.O. Purana Bazar, P.S. Dhansar & District - Dhanbad. 8. The Principal Accountant General (A & E), Jharkhand, P.O., P.S. Doranda & District - Ranchi. 9. The Senior Accounts Officer, Principal Accountant General (A & E), Jharkhand, P.O., P.S. Doranda & District - Ranchi. 10. The Treasury Officer, Dhanbad, P.O., P.S. & District- Dhanbad. ....Respondents With W.P. (S) No. 3453 of 2020 --------- 1. Savitri Devi age 54 years, w/o Late Shankar Prasad Sahu, r/o Near Panch Dev Mandir Rajendra Nagar Road, Rani Bazar P.O. +P.S.Katrasgarh, District-Dhanbad. 2. Anima Banerjee, W/o Late Debidas Ganguly, aged about 66 years, S/o Late Tarinipada Ganguly, R/o Rani Bazar, P.O., P.S. Katrasgarh, District-Dhanbad & PIN-828113. 2025:JHHC:29765 3 3. Sachchidanand Singh, aged about 73 years, S/o Late Shiv Narayan Singh, R/o Bhagat Mohalla, Adarsh Colony, P.O., P.S. Katrasgarh, District - Dhanbad & PIN -828113. 4. Suresh Prasad Singh, aged about 68 years, S/o Late Dashrath Prasad Singh, R/o Rani Bazar, P.O., P.S. Katrasgarh, District - Dhanbad & PIN - 828113. 5. Jay Prakash Mishra, aged about 66 years, S/o Late Shashi Bhushan Mishra, R/o Babudih, Baramuri, P.O. B. Polytechnic, P.S. Dhanbad, District - Dhanbad & PIN -828130. 6. Uma Devi, aged about 60 years, W/o Late Prayag Modi, R/o Rani Bazar, P.O., P.S. Katrasgarh, District Dhanbad & PIN- 828113. 7. Baidyanath Singh, aged about 70 years, S/o Late Devnandan Singh, R/o Khurhan, P.O. Khurhan, P.S. Alamnagar, District - Madhepura (Bihar) & PIN - 852210. 8. Baneshwar Mahto, aged about 67 years, S/o Late Nandu Mahto, R/o Narkopi, P.O., P.S. Topchanchi, District Dhanbad & PIN-828113. 9. Neelam Devi, aged about 62 years, W/o Late Madan Singh, R/o Teliyabandh, Bhagatsingh Chowk, P.O., P.S. Katrasgarh, District - Dhanbad & PIN-828113. ....Petitioners Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Planning-cum- Finance, Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 3. The Secretary, School, Education & Literacy Department Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 4. The Director (Secondary Education), School, Education & Literacy Department, Government of Jharkhand, Project Bhawan, P.O., P.S. Doranda & District - Ranchi. 5. The Deputy Commissioner, Dhanbad, P.O., P.S. & District - Dhanbad. 6. The District Education Officer, Dhanbad, P.O., P.S. & District - Dhanbad. 7. The In-charge Principal, D.A.V. High School, Dhanbad, P.O. Purana Bazar, P.S. Dhansar & District - Dhanbad. 8. The Principal Accountant General (A & E), Jharkhand, P.O., P.S. Doranda & District - Ranchi. 2025:JHHC:29765 4 9. The Senior Accounts Officer, Principal Accountant General (A & E), Jharkhand, P.O., P.S. Doranda & District - Ranchi. 10. The Treasury Officer, Dhanbad, P.O., P.S. & District- Dhanbad. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Indrajit Sinha, Adv Mr. Sabyasanchi, Adv. For the Resp.-State : Ms. Sweta Shukla, A.C. to AAG-II Mr. Manav Poddar, A.C. to AAG-I Mr. Prabhat Kumar, S.C.-II For the Accountant General: Mr. Sudarshan Srivastava, Adv Mr. Amit Kumar Verma, Adv --------- 34/30.06.2025 Since common issue is involved in all these writ applications; as such with consent of the parties, all are being heard together and being disposed of by this common order. 2. For brevity the prayer made in the respective writ applications is extracted hereinbelow: - W.P.(S) No. 77 of 2020 i. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of certiorari quashing the letter no. 92/2019 (Annexure dated 22.11.2019 18) issued by respondent no. 7 whereby and where under the pension paper of the petitioner has not been forwarded and he has been denied the pensionary & retiral benefits which he is legally entitled to. ii. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of certiorari quashing the letter no. 1731 dated 21.06.2019 (Annexure 17) issued by respondent no. 4 whereby and where under the petitioner and other similarly situated person have been denied pensionary benefits on the ground that the School is no more receiving Grant-in-Aid (Anudan) and the employees of the School are no longer Government Servant under Rule 58 of Jharkhand Pension Rules, 2000. AND/OR For the issuance of such other writ, order or direction as may just appear just and proper for doing conscionable justice to the 2025:JHHC:29765 5 petitioner and in the interest of justice. W.P.(S) No. 1875 of 2020 i. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of certiorari quashing the letter no. 2868 dated 26.10.2019 (Annexure - 19) issued by respondent no. 6 whereby and where under in terms of letter no. 1674 dated 14.06.2019 & letter no. 1063 dated 27.09.2019 the pension of the petitioners have been suspended with immediate effect. ii. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of certiorari quashing the letter no. 1063 dated 27.09.2019 (Annexure 18) and letter no. 1731 dated 21.06.2019 (Annexure 17) whereby and where under the pension of the petitioners and other similarly situated persons have been suspended on the ground that the School is no more receiving Grant-in-Aid (Anudan) and the employees of the School are no longer Government Servant under Rule 58 of Jharkhand Pension Rules, 2000. iii. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of mandamus directing the respondents to release the arrears and current pension to the petitioners. iv. For issuance of interim order/protection that pending final disposal of the instant writ petition the pension of the petitioners/pensioners be released which has been withheld illegally. AND/OR For the issuance of such other writ, order or direction as may just appear just and proper for doing conscionable justice to the petitioner and in the interest of justice. W.P.(S) No. 3453 of 2020 i. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of certiorari quashing the letter no. 2868 dated 26.10.2019 (Annexure 19) issued by respondent no. 6 whereby and where under in terms of letter no. 1674 dated 14.06.2019 & letter no. 1063 dated 27.09.2019 the pension of the petitioners have been suspended with immediate effect. ii. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of certiorari quashing the letter no. 1063 dated 2025:JHHC:29765 6 27.09.2019 (Annexure- 18) and letter no. 1731 dated 21.06.2019 (Annexure 17) whereby and where under the pension of the petitioners and other similarly situated persons have been suspended on the ground that the School is no more receiving Grant-in-Aid (Anudan) and the employees of the School are no longer Government Servant under Rule 58 of Jharkhand Pension Rules, 2000. iii. For issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of mandamus directing the respondents to release the arrears and current pension to the petitioners. iv. For issuance of interim order/protection that pending final disposal of the instant writ petition the pension of the petitioners/pensioners be released which has been withheld illegally. AND/OR For the issuance of such other writ, order or direction as may just appear just and proper for doing conscionable justice to the petitioner and in the interest of justice. 3. From record it appears that the respective petitioners were appointed as Assistant Teacher in D.A.V. High School, Dhanbad and the said appointments were on a temporary basis and were subject to the terms and conditions as stipulated in their respective appointment letters. 4. The records further reveal that the school in question was originally a private institution established in the year 1969, with partial affiliation granted on 01.01.1970 and full affiliation was accorded on 01.01.1973. Subsequently, the school was granted minority status on 03.07.1975. 5. It further appears from record that this High Court vide order dated 10.12.2003 passed in W.P. (PIL) No. 3988 of 2002 had withdrawn the minority status granted to D.A.V. High School, Dhanbad and D.A.V High School, Katrasgarh. Thereafter two writ petitions being W.P.(S) No. 3975 of 2004 (Bharat Modi & Ors. V. State of Jharkhand & Ors.) and W.P.(S) 2025:JHHC:29765 7 No. 3976 of 2004 (Sahu Sharan Mistry & Ors. V. State of Jharkhand & Ors.) were instituted by the teachers of the said schools; the Division Bench of this Court vide order dated 05.12.2005 dismissed the writ petition stating that "Question of Grant- in- aid in their favour does not arise" 6. Further, the Special Leave Petition preferred by the petitioners was also dismissed on 18/03/2015 by the Hon'ble Supreme Court in Civil Appeal no. 4993-4994 of 2009 arising out of SLP (Civil) No. 21554-21555 of 2007 (Ajay Kumar Singh & Ors. V. State of Jharkhand & Ors.); wherein it was held that there is no justification for interfering with the impugned order passed by the High Court. 7. Thus, it is clear that D.A.V. High School, Dhanbad, has not been taken over by the State Government under Section 3(1) of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981. Accordingly, it continues to remain a private unaided educational institution, inasmuch as, the minority status of the school has been withdrawn and the pay grant has also been recalled by the Hon’ble Supreme Court. Since the school in question was not a government-aided institution; neither was it brought within the fold of any government grant, nor was the petitioner’s salary disbursed by the State Government; the services of the respective Petitioners do not fall within the ambit of Rule 58 of the Jharkhand Pension Rules and the respective Petitioners do not qualify on any of the three criteria's as the institution was a private and the appointment of the respective Petitioners was temporary in nature and not substantive or permanent. 8. Further, the Appointment letter which was issued to the respective Petitioners was issued by DAV School which 2025:JHHC:29765 8 as discussed above is a private school. Hence, their services were neither under Government; nor they were paid by the Government and the grant of minority status was erroneously extended. The institution lacked the essential ingredients required for classification as a minority educational institution. As such, the withdrawal of minority status operates retrospectively, nullifying any claims by the petitioner arising from a misinterpreted or erroneous assumption of minority protection. 9. Having regard to the aforesaid facts and circumstances of the case and the discussions made hereinabove, since the petitioners were never in the regular service of the State; as such the grievance, if any, of these petitioners is against the school and not against the Government; as such, interest of justice would be sufficed by granting liberty to all these petitioners to approach the concerned authorities of the school in order to redress their grievance, if the rule of the school so permits. 10. Accordingly, all these applications stand disposed of. Pending I.A.s, if any also stands disposed of. (Deepak Roshan, J.) June 30, 2025 Amardeep/-