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High Court of Jharkhand · body

2025 DAILYLAW 41545 (JHR)

DEEPAK KUMAR v. THE STATE OF JHARKHAND, THRO ITS PRINCIPAL SECRETARY HUMAN RESOURCE DEPARTMENT

WPC/6832/2025 · 2025-12-01

Sri Ananda Sen

Transfer Petitionbody2025

Judgment text

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2025:JHHC:35924 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.6832 of 2025 ----- 1. Deepak Kumar, Aged about 43 years, S/o Nawal Mahto, R/o 25, Kumhar Toli Pamala, Near Saraswati Vidya Mandir School, Shastri Nagar, Hazaribagh, P.O. & P.S. Hazaribagh, Distt. Hazaribagh (JHARKHAND). 2. Sudhir Kumar, Aged about 47 years, S/o Suresh Kumar Upadhyay, R/o Ward No. 10, Ginjss, Muzaffarpur, PO. Jaintpur (Estate,) P.S. Sariya, Distt. Muzaffarpur (BIHAR). 3. Subesh Kumar, Aged about 43 years, S/o Nawal Kishor Sharma, R/o vill. Dattamai, P.O. Khalilabad, Nataul P.S. Dhanarua, Distt. Patna (BIHAR). 4. Narendra Nath Yadav, Aged about 41 years, S/o Daya Ram Yadav, R/o vill. Ram Nagar, P.O. Hakeempur P.S. Jagdishpur, Distt. Sultanpur (Uttar Pradesh) … Petitioner(s). Versus 1. The State of Jharkhand through its Principal Secretary Human Resource Department, having Office at Project Building, P.O. Dhurwa, P.S. Jagannathpur, Distt. Ranchi. 2. The Director, Secondary Education, having office at Project Building, P.O. Dhurwa, P.S. Jagannathpur, Distt. Ranchi. 3. The Secretary, Department of Finance, having office at Project Building, P.O. Dhurwa, P.S. Jagannathpur, Distt. Ranchi. 4. The District Education Officer (D.E.O.), Hazaribagh, having office at Hazaribagh, P.O. & P.S. Hazaribagh, Distt. Hazaribagh. 5. The District Education Officer (D.E.O.) Pakur, having office at Pakur, P.O. & P.S. Pakur, Distt. Pakur. 6. The District Education Officer (D.E.O.) Sahibganj, having office at Sahibganj P.O. & P.S. Sahibganj, Distt. Sahibganj. 7. The District Education Officer (D.E.Ο.) Kodarma, having office at Kodarma, P.O. & P.S. Kodarma, Distt. Kodarma. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Gautam Kr. Singh, Advocate For the Respondents : Ms. Oishi Das, Advocate …...... 02 /01.12.2025: Heard the parties. 2. The petitioners prays for the following reliefs: a. Commanding the respondent authorities concerned to make payment of arrear of difference of salary to the petitioner no. 1 as he has been extended the benefit of pay protection and continuity of service as per Rule along with one annual increment @ 3% on the basic pay scale; b. Commanding the respondent authorities concerned to 2025:JHHC:35924 2 make payment of arrear of difference of salary to the petitioner no. 2 to 4 extending the benefit of pay protection and continuity of service as per Rule along with one annual increment @ 3% on their basic pay scale; 3. It is the case of the petitioners that other similarly situated person has been granted the said benefit but the petitioners have been left out. 4. Learned counsel appearing on behalf of the respondents submits that if the petitioners file fresh representation before the respondent no. 2-the Director, Secondary Education, his case will be considered and if it is found that the petitioners are entitled for any relief the same benefit will be extended to them. 5. Considering the submission of the parties, I direct the petitioners to file a fresh representation before the respondent no. 2-the Director, Secondary Education, who will consider the case of the petitioners. 6. The representation should be filed within four weeks and the decision should be taken within six weeks thereafter. 7. If it is found that the petitioners are entitled for any monetary benefits the same should be extended to the petitioners. If the claim of the petitioners is rejected for any reasons whatsoever the reasons should be communicated to the petitioners within a period of four weeks thereafter. 8. With the aforesaid observation and direction, this writ petition is disposed of. (ANANDA SEN, J.) 01.12.2025 Tanuj/CP-2 Uploaded on 02.12.2025