2025:JHHC:13603 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 997 of 2024 ---------- Tapan Kumar Dutta, aged about 60 years, son of Shankar Lal Dutta, resident of Pargadih, Purabpatti, Pargodih, P.O. & P.S. Pargodih, District Dumka, Jharkhand. ………. Petitioner Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of School Education and Literacy, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi. 3. The Director, Secondary Education, Department of School Education and Literacy, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi. 4. The Regional Joint Director of Education, Santhal Pargana Division, Dumka, P.O. & P.S. Dumka, District Dumka. 5. The District Education Officer, Deoghar, At., P.O. and P.S. Deoghar, Dist. Deoghar, Jharkhand. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Abhijeet Kumar Singh, Advocate For the Respondents : Mr. Anis Kumar Mishra, AC to Sr.SC ------------ 04/ 05.05.2025 The instant writ application has been preferred for following reliefs: (i) For quashing of the order contained in memo no. 1325 dated 14.08.2020 (Annexure- 14) issued by Director, Secondary Education whereby and whereunder the claim of petitioner for regularization of his services as an Assistant Teacher in Project Girls High School, Palojori, Deoghar (herein after referred as "The School" for sake of convenience) has been rejected in an arbitrary manner on a non-existing ground that petitioner was not working in the said Project School although as per report of the respondent authorities themselves and as per previous order of respondents, the petitioner was posted and working in the said school. (ii) Upon quashing the above order, for further direction upon respondents to recognize the service of the petitioner on the post of Assistant Teacher in Project Girls High School, Palojori, Deoghar with effect from the date of appointment of the petitioner in the School and to pay him 2025:JHHC:13603 2 salary and other admitted dues with appropriate cost and interest in light of judgment and law laid down by the Full Bench of Hon'ble Patna High Court in the case of Project Uchcha Vidyalaya Shikshak Sangh Vs. The State of Bihar reported in 2000 (i) PLJR 287 affirmed in Civil Appeal No. 6626-81 of 2001 reported in 2006 (II) SCC 545. 2. At the outset, learned counsel for the petitioner submits that the concerned-respondents are not abiding by their own resolution dated 25.04.2018 (Annexure-12) and also Annexure-9. As such, he submits that he may be granted liberty to approach the concerned respondent, who shall look into the matter afresh and take a decision in the light of several resolutions and the judgments passed by this Court and Hon’ble Apex Court. 3. Learned counsel for the respondents though opposed the prayer made in the instant writ application by filing counter-affidavit, however, he submits that if the petitioner wishes to approach the concerned respondent and if his case would fit under several resolutions then the concerned authority may re-visit with the order. 4. Accordingly, the instant writ application is hereby disposed of, without entering into the merits of the case, by granting liberty to the petitioner to approach the 3rd respondent. If the petitioner represents the 3rd Respondent, then the concerned respondent shall look into the matter in the light of Annexures-9 and 12 to the writ application and pass fresh order within a period of 12 weeks. It goes without saying that the concerned respondent while taking a fresh decision shall ignore the impugned order which has been assailed in this case. 5. With the aforesaid observation and direction, the writ application stands disposed of. (Deepak Roshan, J.) kunal/-