2025:JHHC:22162 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1258 of 2018 --------- Birbal Oraon @ Birbal Bhagat, son of Puranga Bhagat, aged about 53 years, resident of village:- Oraia, P.O & P.S:- Bishunpur, Dist:-Gumla presently posted as Peon, Project Girls' High School, Bishunpur, P.O+P.S-Bishunpur, Dist- Gumla, resident of village-Gunia, P.O-Gunia, P.S-Gumla, Dist- Gumla ....Petitioner Versus 1. The State of Jharkhand through its Secretary, School Education and Literacy Department, Telephone Bhawan, Dhurwa, Ranchi. Po+P.S-Dhurwa, Dist.-Ronchi. 2. The Director (Secondary Education), School Education and Literacy Department, Telephone Bhawan, Dhurwa, Ranchi. Po+PS - Dhurwa, Dist.- Ranchi. 3. The Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi. P.O-P.S-Sadar, District- Ranchi. 4. The District Education Officer, Gumla P.O and P.S Gumla District- Gumla. ....Respondents With W.P. (S) No. 1253 of 2018 --------- Sadhana Kumari, D/o of Sri Krishna Mohan Prasad,aged about 47 years, posted as Assistant Teacher, Project Girls High School, Bishunpur, P.O & P.S:- Bishunpur, Dist:- Gumla, resident of village:- Bishunpur, P.O:-Bishunpur, Dist:-Gumla. ....Petitioner Versus 1. The State of Jharkhand through its Secretary, School Education and Literacy Department, Telephone Bhawan, Dhurwa, Ranchi. 2. The Director (Secondary Education), School Education and Literacy Department, Telephone Bhawan, Dhurwa, Ranchi. 3. The Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi. P.O-P.S-Sadar, District- Ranchi. 4. The District Education Officer, Gumla P.O and P.S Gumla District- Gumla. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Sanjay Kr. Pandey, Adv. For the Resp.-State : Mr. Suresh Kumar, S.C. (L&C)II --------- 8/06.08.2025 2 Both these writ applications involve same issue as such it shall be heard together and decide by a common order. 2. The instant writ application has been preferred by the petitioners for quashing of the recommendation of the three- man committee constituted in light of the Apex Court judgment so far, its relates to the petitioner by which the recognition of the petitioners have been refused on the ground that he was appointed after selection of the school i.e. invalid ground, by issuing of an appropriate writ and this is application for issuance of an appropriate order/orders writ/writs, direction/directions directing the respondents to recognize the service of the petitioners on the post of Peon/Assistant Teacher, respectively in Project Girls’ High School, Bishunpur, P.O. & P.S. Bishunpur, District-Gumla (herein after referred to as the School) with effect from the date of selection of the school and to pay him salary with effect from 01.01.89 in view of the law laid down by the Full Bench of the Hon’ble Patna High Court in Project Uchcha Vidyalay Shikshak Sangh case reported in 2000 (1) PLJR 287 (Annexure-12) which has been affirmed by the Apex Court (Annexure-13) and in view of the Govt. letter as contained in letter no. 142 dated 4.2.89 (Annexure-11) and further in view of the order 22.2.2012 passed in W.P.(S) No. 5161 of 2009 and in light of judgment dated 3.8.2015 passed in W.P.(S) No. 3 1116 of 2010 (Annexure-16) and in light of the order dated 13.04.2016 passed in W.P.(S) No. 3833 of 2014 and in view of the consequential order issued by the Director Secondary Education vide Memo No. 1605 dated 17.08.2016 the case of the petitioner is similar to that petitioner and treating the similar person same order is required to be passed in the present case and to pay same benefits to the petitioner with consequential benefits along with panel interest. 3. After hearing at length, learned counsel for the petitioners submits that similar issues are pending before the Hon’ble Apex Court in S.L.P. No. 8120 of 2024; wherein the right of the teachers of Project Girls’ School is under consideration; as such, the instant writ application may be disposed of by giving liberty to this petitioner to approach the concerned respondent, if the Hon’ble Apex Court decides the case in favour of the teachers of the Project Girls’ School. 4. Learned counsel for the respondent does not oppose the aforesaid contention. 5. Having regard to the aforesaid submission of the learned counsel for the petitioner, the instant writ application stands disposed of by clarifying that if the order of the Hon’ble Apex Court will help the case of the petitioners, then he would approach the concerned respondent. The concerned respondent in turn, will look into the order of the Hon’ble 4 Apex Court and verify the records of the petitioner and take a decision with regard to benefits to be given. 6. With the aforesaid observations, these writ applications stand disposed of. (Deepak Roshan, J.) Amardeep/-