KASHI VISHWANATH v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, SCHOOL EDUCATION AND LITERACY DEPT,
WPC/2079/2025 · 2025-05-06
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35236 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35236 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:13680 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2079 of 2025
--------- Kashi Vishwanath, aged about 77 years, son of late Maheshwar Prasad, resident of New Area Road, Near National School, Hazaribagh, P.O., P.S. Hazaribagh, District-Hazaribagh.
....Petitioner
Versus 1.The State of Jharkhand through the Secretary, School Education & Literacy, Department, Govt. of Jharkhand, Nepal House, Doranda, P.O. & P.S. Doranda, District-Ranchi.
2. Director, Primary Education, Govt. of Jharkhand, Nepal House, Doranda, P.O. & P.S. Doranda, District-Ranchi.
3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh, P.O., P.S. Hazaribagh, District-Hazaribagh.
4. The District Superintendent of Education, Hazaribagh at P.O., P.S. Hazaribagh, District-Hazaribagh.
5. The Accountant General, Jharkhand at Doranda, P.O. & P.S. Doranda, District-Ranchi.
....Respondents
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner : Mr. Rahul Kumar, Adv. For the Resp.-State : Mr. Sanjay Kr. Tiwari, S.C.-I
--------- 04/06.05.2025
The instant writ application has been preferred by the Petitioner for following reliefs: (i) For a direction upon the respondent authorities to allow the pay scale of Head Master to the petitioner in terms of the Office Order as contained in Memo No. 968 dated 23.7.2022 (Annexure-4) issued by the respondent D.S.E., whereby it has been decided to allow the pay scale of Head Master as was being paid prior to 31.12.2007 and to consequently revise the pensionary dues of the petitioner. (ii) The petitioner in terms of the office order dated 23.7.2022 (Annexure- 4), which has been acted upon with respect to other similarly situated persons, prays upon the respondent authorities to pay the difference of salary on the post of Head Master from 24.5.2003 to 30.9.2008. (iii) The petitioner consequently in view of the revision of his last pay on the post of Head Master prays for re-computation of his retiral dues including pension, gratuity and leave encashment and to consequently release the same with arrears.
2025:JHHC:13680 2
2.
Mr. Rahul Kumar, learned counsel for the petitioner submits that the respondent-Authorities though allowed the pay scale of Headmaster to this petitioner in terms of order dated 23.07.2022, but the said order has not yet acted upon.
He further draws attention of this court towards Annexure-4 which is the order passed by the 4th respondent, who has taken a decision which has certainly redressed the grievance of the petitioner, but unfortunately the said annexure has not been given effect to, inasmuch as, no monetary benefit which was allowed to be paid, has been paid. He further submits that pursuant to several orders passed by this court, Annexure-4 was issued giving benefit to the Petitioner and several others and majority of them has been granted monetary benefit also but the Petitioner whose name finds at serial no.9 at Annexure-4, is deprived from the monetary benefit.
3.
Learned counsel for the respondent submits that since no counter-affidavit has been filed; as such in view of Annexure 4 and 6 the case may be disposed of.
4. Having regard to the aforesaid facts and circumstances of the case and also after perusing Annexure-4 and 6, it appears that the only grievance of the Petitioner is to implement the said annexures by giving monetary benefit
2025:JHHC:13680 3
also.
It goes without saying merely giving benefit on paper will not suffice and it is only the actual monetary benefit which is the fruits of the decision as indicated in annexure 4 and 6 which has been passed by the concerned respondent.
5.
Accordingly, the instant writ petition is allowed. The concerned respondent shall ensure that entire monetary benefit shall be paid to the Petitioner within a period of 12 weeks form the date of receipt/production of copy of this
order.
(Deepak Roshan, J.) Amardeep/-