Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:27508-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 102 of 2023
1. The State of Jharkhand. 2. The Principal Technical Secretary, Higher & Education Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 3. The Director, Higher Education, Higher & Technical Education Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. ... Respondents/Appellants
Versus
1. Sita Ram Mahto, aged about 65 years, son of Late Anand Mahato, resident of Chunua Toli, P.O. Kanta Toli, P.S. Lower Bazar, District Ranchi. … Petitioner/Respondent No.1
2. The Management of Gossner College, Ranchi through its Secretary, Club Road, Ranchi, P.O., G.P.O, P.S. Lower Bazar, District Ranchi. 3. The Ranchi University, Ranchi through its Registrar, having its office near Saheed Chowk, P.O., G.P.O.,P.S. Kotwali, District Ranchi. ... Respondents/Performa Respondents
--------- CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJESH SHANKAR
--------- For the Appellants: Mr. Ratnesh Kumar, S.C. (L&C)-I
Mr. Rakesh Kr. Shahi, A.C. to S.C. (L&C)-I For Resp. No.1: Mr. Rajendra Krishna, Advocate
Mr. Pratyush Shounikya, Advocate
Mr. Shubham Mayank, Advocate For the University: Mr. Anoop Kumar Mehta, Advocate
Mr. Amit Kumar Sinha, Advocate
Mr. Manish Kumar, Advocate
--------- 11/Dated: 10.09.2025 Tarlok Singh Chauhan, C.J.(Oral) I.A. No. 4517 of 2025
1. For reasons stated in the application, the delay of 593 days in filing the appeal is condoned. 2. I.A. No. 4517 of 2025 stands disposed of. 2025:JHHC:27508-DB
L.P.A. No. 102 of 2023
3. We really wonder why the State has filed the instant appeal, given the fact the State was only required to consider the case of the petitioner in light of the directions given in para-5 and 6 of the impugned order which read as under:-
“5. Be that as it may, without delving into the merits of the case, I hereby direct the respondent-authorities to verify the factual aspects/ issue involved in the present writ petition vis-à- vis factual aspects/ issue involved in CWJC No. 3495 of 1992 (R) affirmed in LPA No. 158 of 2000 (R) and also order dated 09.11.2020 passed by this Court in W.P. (S) No. 2620 of 2015 (Arbind Kumar Lal & Ors. Vs.
the State of Jharkhand & Ors) and if the facts/ issues involved in the present writ petition is found to be similar to the writ petition mentioned above, the same benefits may be extended to the present writ petitioner also, in accordance with law, within a period of six weeks from the date of receipt/ production of a copy of this order.”
6. The respondent-State is directed to release appropriate sanction/ grant-in-aid in favour of the college in question for payment of salary within a period of four months and on receipt of such amount the college authorities are directed to pay the salary to the petitioner who is holding such sanctioned post including the arrears of salary for which he is legally entitled within a further period of two months.”
2025:JHHC:27508-DB
4. Para-6 of the impugned order shall only come in operation in case the petitioner is found similarly situated to the petitioners referred to in the judgments in para-5 of the impugned order. 5. Since it is for the State to take the final call, we see no reason to entertain the appeal, which, on the face of it, is not maintainable. 6. Consequently, the appeal is dismissed. 7. All pending Interlocutory Applications shall stand closed. (Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.) N.A.F.R. Manoj/Pramanik/Cp.2