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2025 DAILYLAW 35734 (JHR)

THE STATE OF JHARKHAND THROUGH THE SECRETARY DEPTT OF SCHOOL EDUCATION AND LITERACY v. RAJENDRA PRASAD MEHTA

LPA/419/2024 · 2025-11-04

Rajesh Shankar, Tarlok Singh Chauhan

body2025

Judgment text

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2025:JHHC:33028-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 419 of 2024 1. The State of Jharkhand, through Secretary, Department of School Education and Literacy, Ranchi 2. The Director of Secondary Education, Department of School Education and Literacy, Government of Jharkhand, Ranchi 3. Jharkhand Secondary Education Project Council, through its State Project Director, Ranchi 4. Deputy Commissioner, Hazaribagh 5. Deputy Commissioner, Giridih 6. Deputy Commissioner, Saraikela Kharsawan 7. Deputy Commissioner, Dumka 8. District Education Officer, Hazaribagh 9. District Education Officer, Giridih 10. District Education Officer, Saraikela Kharsawan 11. District Education Officer, Dumka ….. Appellants Versus 1. Rajendra Prasad Mehta 2. Rajesh Kumar Mandal 3. Devrup Bagchi 4. Chandra Shekhar Banerjee 5. Raj Kumar Singh 6. Nityanand Kumar Mehta 7. Rahul Kumar Singh 8. Lakshman Prasad 9. Amresh Kumar 10. Gangadhar Ram 11. Birendra Prasad 12. Satish Chandra Pandey 13. Saroj Ranjan ….. Respondents ----- CORAM HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Appellants: Mr. A.K. Yadav, Sr. S.C.-I Mr. Ranjan Kumar, A.C. to Sr. S.C.-I For the Respondents: Mr. Sumeet Gadodia, Advocate ----- 06/04.11.2025 1. Learned counsel for the appellants submits that he has got instruction to inform this Court that his clients shall be complying with the directions as contained in paragraph no. 43 of the impugned judgment, which reads as under: 2025:JHHC:33028-DB 2 <43. In the aforesaid circumstances, individual petitioners are directed to approach the respective Secretaries of the Department concerned by filing their respective representations along with a copy of this order and writ petition as well as other documents, if so required, within a period of one month from the date of receipt of a copy of this order and upon receipt of the same, the Department concerned shall take a conscious decision within a period of three months thereafter. If the Department concerned is unable to take a decision, the same shall be referred to the Chief Secretary of the State after assigning reason for not coming to a conclusion. The Chief Secretary of the State upon receipt of such recommendation from the Department concerned, shall constitute a High Powered Committee comprising of the Heads of the Departments/ Secretaries including the experts and other members, who are found appropriate in the interest of Committee for taking a final decision. The final decision shall be taken by the Committee so constituted within a further period of four months. The Committee shall examine individual cases and take a decision regarding regularization in view of the guidelines framed by the State as per the direction of the Hon’ble Apex Court in the case of Narendra Kumar Tiwari (supra). If the Committee fails to take a unanimous decision on the representations of the individual employees, the same shall be disposed of with a cogent and valid reasoned order, in accordance with law. Thereafter, the parties if aggrieved by the said reasoned order are at liberty to approach this Court for redressal of their grievances. The same exercise as stated above shall be undertaken by the Union of India in consultation with the Government of Jharkhand for redressal of the grievances of the petitioners concerned for regularization.= 2025:JHHC:33028-DB 3 2. Once the appellants have agreed to comply with the aforesaid directions, obviously, the present appeal is rendered infructuous and accordingly the same is dismissed as infructuous. (TARLOK SINGH CHAUHAN, C.J.) (RAJESH SHANKAR, J) 4th November, 2025 Satish/Vikas/