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2026 DAILYLAW 14211 (JHR)

KIRAN KUMARI HEMBRAM v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY

WPC/5570/2023 · 2026-04-21

Deepak Roshan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:11781 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5570 of 2023 --------- 1. Kiran Kumari Hembram, aged about 58 years, W/o Anil Murmu, resident of Village-Jilimtanr, P.O.-Sonbadh, P.S.- Jamtara, District-Jamtara (Jharkhand) 2. Subhash Chandra, aged about 53 years, S/o Harideo Narayan Singh, resident of C/o Arbind Kumar Roy, Rajpalli, P.O. & P.S.- Jamtara, District-Jamtara (Jharkhand) 3. Mukesh Kumar Sharma, aged about 50 years, S/o Late Bashishth Sharma, resident of Sripally Court Road, near Maa Tara Apartment, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 4. Shyam Nandan Kishor, aged about 49 years, S/o Late Sri Jit Narayan Singh, resident of Sripalli, Near Jamtara College, Court Road, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 5. Shivpujan Sharma, aged about 54 years, S/o Late Kishori Nandan Sharma, resident of Shivpujan Sharma, 'Seema Sadan', Madanpalli, New Town, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 6. Subrat Kumar Chowdhury, aged about 55 years, S/o Lakshman Chandra Chowdhury, resident of Village-Nala, P.O. & P.S.-Nala, District-Jamtara (Jharkhand) 7. Presh Nath Dubey, aged about 55 years, S/o Late Basant Kumar Dubey, resident of Near Civil Court, Sahana, Ward No.02, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 8. Manoj Kumar, aged about 55 years, S/o Ram Sewak Sharma, resident of Nimia Ash, New Town, near Ghar Sansar Shop, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 9. Sunil Kumar, aged about 52 years, S/o Sadhu Sharan Prasad Singh, resident of Sector-2A, House No.2-043, Barai Khurd Bokaro Steel City, P.O.-Bokaro Sec.-II, P.S.-Bokaro Sec.-III, District-Bokaro (Jharkhand) 10. Olive Lakra, aged about 53 years, D/o Junas Lakra, resident of Village-Raniganj, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 11. Dejee Kumari, aged about 57 years, W/o Sikandar Singh, resident of Ward No.04, New Town, near Shivmandir, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 12. Baboni Baskey, aged about 50 years, W/o Dinesh Kumar Hansda, resident of Village-Ranitar, Tarkojori, P.O.-Ranitar, P.S.-Karmatar, District-Jamtara (Jharkhand) 13. Shyam Lala, aged about 54 years, S/o Gopal Pandey, resident of Sal Bagan, Mihijam, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 14. Suresh Hembrom, aged about 59 years, S/o Late Nunulal Hembrom, resident of Village-Gaichand, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 15. Bodilal Murmu, aged about 54 years, S/o Late Shuru Murmu, resident of Village-Raghunathpur, P.O.-Kashitar, P.S.-Jamtara, District-Jamtara (Jharkhand) 2026:JHHC:11781 2 16. Bharat Kumar, aged about 53 years, S/o Ramratan Prasad Singh, resident of Sumitrakunj, near Raksha Kali Mandir, Rajbari, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 17. Punam Kumari, aged about 56 years, W/o Murari Prasad Singh, resident of Shaistapur Kothi, Bhower Pokher, Birla Mandir, P.O.-Bankipur, P.S.-Pirbahor Sampatchak, District-Patna (Bihar) 18. Kumkum Kumari, aged about 54 years, W/o Mukesh Singh, resident of H. No.66, Street No.03, Krishna Nagar, Mihijam, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 19. Goutam Kumar Yadav, aged about 52 years, S/o Kamla Kant Mahto, resident of Village-Banarnacha, P.O.-Kaerabani, P.S.- Fatehpur, District-Jamtara (Jharkhand) 20. Sanjay Prasad Singh, aged about 55 years, S/o Ayodhaya Prasad Singh, resident of Teacher's Colony, Serkheldih, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 21. Manatosh Kumar Tewary, aged about 55 years, S/o Pramode Kumar Tewary, resident of Village-Pandeydih, P.O. & P.S.- Dhandra, District-Jamtara (Jharkhand) 22. Nita Tripathi, aged about 55 years, W/o Dr. Arun Kumar Pandey, resident of Pal Bagan, P.O. & P.S.-Mihijam, District- Jamtara (Jharkhand) 23. Pushpa Sinha, aged about 56 years, W/o Ajay Kumar Sinha, resident of Q. No.30/B, Railway Colony, Mihijam, P.O. & P.S.- Mihijam, District-Jamtara (Jharkhand) 24. Nutan Choudhary, aged about 54 years, W/o Bhaskar Chandra, resident of Pal Bagan, Mihijam, P.O. & P.S.-Mihijam, District- Jamtara (Jharkhand) 25. Ranu Toppo, aged about 47 years, W/o Naresh Toppo, resident of Satyam Apartment, Flat No.402, H.C.L, Desh Bandhu Park, P.O. & P.S. Rupnarayanpur Bazar, Rupnarayanpur, District- Bardhaman (West Bengal) 26. Muhila Hembram, aged about 51 years, W/o Polin Tudu, resident of Village-Tumbabel, Dhasnia, P.O.-Guhiajori, P.S.- Bindapathar, District-Jamtara (Jharkhand) 27. Kalyani Roy, aged about 51 years, W/o Ashok Kumar Singh, resident of Village-Kangoi, near Samudaik Bhawan, P.O. & P.S.- Mihijam, District-Jamtara (Jharkhand) 28. Premlata Kumari, aged about 49 years, W/o Raj Bali Choudhary, resident of Village-Pal Bagan, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 29. Usha Anand, aged about 54 years, W/o Anant Kumar, resident of Ramnagar, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 30. Ramchandra Singh, aged about 57 years, S/o Dewan Singh, resident of Village-Ram Nagar, Main Road, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 31. Manik Narayan Mandal, aged about 25 years, S/o Shankar Prasad Mandal, resident of High School Road, Mihijam, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 32. Hare Krishna Singh, aged about 52 years, S/o Yogendra Singh, 2026:JHHC:11781 3 resident of Salbagan, P.O. & P.S.-Mihijam, District-Jamtara (Jharkhand) 33. Sanjay Kumar, aged about 48 years, S/o Purushottam Yadav, resident of Village-Harirampur, P.O.-Sahpur Sikrara, P.S.- Sikrara, Shahpur, District-Jaunpur (Uttar Pradesh) 34. Kishore Kumar Sadhu, aged about 56 years, S/o Late Giridhari Lal Sadhu, resident of Village-Jamjori, Fatehpur, P.O.-Jamjori, P.S.-Jamtara, District-Jamtara (Jharkhand) 35. Rekha Kumari Sharma, aged about 54 years, W/o Ranjit Sharma, resident of Village-Kangoi (Main Road), near Vishwakarma Mandir, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 36. Nelly Blake, aged about 56 years, W/o Victor Raphael, resident of Loretto Para, Chelidanga, Asansol, MC, U. C. Danga, P.O.- Chelidanga, P.S.-South Asansol, District-Bardhaman (West Bengal) 37. Dilip Kumar Dey, aged about 59 years, S/o Late Kanal Lal Dey, resident of Village-Bandardiha, P.O.-Karaya, P.S.-Binda Pathar, Block-Nala, District-Jamtara (Jharkhand) 38. Kumar Rajesh, aged about 58 years, S/o Pradyumn Prasad Singh, resident of H. No.10A, Subhash Chowk, Castair Town, P.O. & P.S.-Deoghar, District-Deoghar (Jharkhand) 39. Acharya Kali Das, aged about 59 years, S/o Late Biswa Nath Acharya, resident of Block Road, near Pasupalan office, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 40. Masoni Hembrom, aged about 55 years, W/o Bijendra Marandi, resident of Village-Nayadih, Ward No.10, P.O.-Gokula, P.S.- Narayanpur, District-Jamtara (Jharkhand) 41. Ashok Kumar Thakur, aged about 55 years, S/o Amarnath Thakur, resident of near Subhash Chowk, Sarkheldih, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 42. Sugrib Yadav, aged about 58 years, S/o Late Bhagrashan Choudhary, resident of New Town, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 43. Uday Kumar Singh, aged about 48 years, S/o Late Ram Narayan Singh, resident of Das Para Road, Pandeydih, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 44. Ram Binay Singh, aged about 54 years, S/o Arun Kumar Singh, resident of Village-Mahul Dangal, P.O. & P.S.-Jamtara, District- Jamtara (Jharkhand) 45. Sacheendra Kumar, aged about 54 years, S/o Late Vidyanand Singh, resident of New Town Jamtara, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 46. Sudha Manju Malakar, aged about 55 years, W/o Azad Kumar, resident of C/o Sukumar Mandal, Court Road, Pal Bagan, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 47. Indu Prabha, aged about 55 years, W/o Shrikant Prasad, resident of New Town, near B.S.N.L Exchange Gali, P.O. & P.S.- Jamtara, District-Jamtara (Jharkhand) 48. Mohan Sah, aged about 52 years, S/o Late Makhan Sah, resident of Mihijam Road, J. P. Nagar, (Dhandhara), P.O. & P.S.- 2026:JHHC:11781 4 Mihijam, District-Jamtara (Jharkhand) 49. Meera Murmu, aged about 51 years, W/o Ram Ranjan Soren, resident of Village-Muridih, P.O.-T.K. Gram, P.S.-Fatehpur, District-Jamtara (Jharkhand) 50. James Raphael, aged about 55 years, S/o Late Seraphim Raphael, resident of Court Road, Tal Bagan, Raniganj More, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 51. Md. Mashi Alam, aged about 55 years, S/o Md. Nasir Mian, resident of Village-Fatehpur, P.O. & P.S.-Fatehpur, District- Jamtara (Jharkhand) 52. Sanjay Kumar Sinha, aged about 54 years, S/o Late Banarsi Prasad Mandal, resident of H. No.272, Teacher Colony, Sarkheldih, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 53. Nausad Ali, aged about 57 years, S/o Late Rustam Ali, resident of Village-Piyalsola, P.O.-Kelahi, P.S.-Mihijam, District-Jamtara (Jharkhand) 54. Chandrajit Yadav, aged about 53 years, S/o Nagendra Nath Mahto, resident of Village-Banarnacha, P.O. & P.S.-Kaerabani, District-Jamtara (Jharkhand) 55. Pramila Kumari, aged about 52 years, W/o Dineshwar Rajak, resident of Civil Court, Sahna, P.O. & P.S.-Jamtara, District- Jamtara (Jharkhand) 56. Dilip Kumar Singh, aged about 56 years, S/o Deo Sharan Singh, resident of Madanpalli, New Town, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 57. Binay Kumar Mishra, aged about 56 years, S/o Jagannath Mishra, resident of Sahana Road, near New Court, P.O. & P.S.- Jamtara, District-Jamtara (Jharkhand) 58. Jayanti Rani Mondal, aged about 56 years, W/o Ram Prasad Mandal, resident of Mihijam Road, Tilabad, near Kamala Homoeopathy, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 59. Prabhat Kumar, aged about 52 years, S/o Rajendra Prasad Sah, resident of Sripalli, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 60. Sambhu Kumar Singh, aged about 57 years, S/o Late Sukhdeo Prasad Singh, resident of Sarkheldih, Teacher's Colony, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 61. Arun Kumar Singh, aged about 53 years, S/o Devendra Kumar Singh, resident of New Town (Pappu Dalmias House), P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 62. Balmiki Yadav, aged about 56 years, S/o Late Kesho Prasad, resident of New Azad Para, Dumka Road, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 63. Bibha Singh, aged about 54 years, W/o Dr. Satyendra Narayan Singh, resident of Court Road, P.O. & P.S.-Jamtara, District- Jamtara (Jharkhand) 64. Kumari Urmila, aged about 53 years, W/o Ram Ratan Mandal, resident of Village-Karmatar, P.O. & P.S.-Karmatar, District- Jamtara (Jharkhand) 65. Kumari Ranjana, aged about 54 years, W/o Nakul Mandal, 2026:JHHC:11781 5 resident of Assam Road, Dharampur, P.O. & P.S.-Jasidih, District-Deoghar (Jharkhand) 66. Achintya Kumar Mishra, aged about 48 years, S/o Kameshwar Mishra, resident of 106, NAC, Matriashram, P.O. & P.S.- Jamtara, District-Jamtara (Jharkhand) 67. Sarbesh Ray, aged about 58 years, S/o Nagendra Ray, resident of Village-Narayanpur Dedpura, Ρ.Ο.-Narayanpur, P.S.-Mahnar, District-Vaishali (Bihar) 68. Bipin Kumar Mandal, aged about 57 years, S/o late Popali Mandal, resident of Gayatry Nagar, Mihijam Road, P.O. & P.S.- Jamtara, District-Jamtara (Jharkhand) 69. Sunaina Kumari, aged about 57 years, W/o Dashrath Mandal, resident of Village-Murlidih, P.O. & P.S.-Karmatanr, District- Jamtara (Jharkhand) 70. Suman Kumar Banerjee, aged about 44 years, S/o Bishoke Kumar Banerjee, resident of Village-Dabor, P.O. Achra, P.S.- Salanpur, District-West Bardhaman (West Bengal) 71. Damodar Mandal, aged about 55 years, S/o Gour Kishor Mandal, resident of Village-Rampur, P.O. & P.S.-Kundahit, District-Jamtara (Jharkhand) 72. Uttam Kumar Layek, aged about 52 years, S/o Madan Chandra Layek, resident of Village-Asanjury, P.O.-Debjore, P.S.-Nala, District-Jamtara (Jharkhand) 73. Bishwajit Gon, aged about 56 years, S/o Bhim Chandra Gon, resident of Village-Bararam Pur, P.O.-Krishnapur, P.S.-Nala, District-Jamtara (Jharkhand) 74. Dipti Sadhu, aged about 57 years, D/o Anath Nath Sadhu, resident of Village-Kalipahari, P.O.-Kalipahari, P.S.-Nala, District-Jamtara (Jharkhand) 75. Kshemankari Malpahariya, aged about 55 years, W/o Kanai Chandra Malpahariya, resident of Village-Jorbahinga, P.O.- Tilabad, P.S.-Kundahit, District-Jamtara (Jharkhand) 76. Manju Kumari Saha, aged about 53 years, W/o Madhusudan Saha, resident of Village-Ambagan, near Shivmandir, P.O.- Mihijam, P.S.-Jamtara, District-Jamtara (Jharkhand) 77. Nima Das, aged about 55 years, W/o Manoj Kumar Das, resident of Village-Sabanpur, P.O.-Sabanpur, P.S.-Narayanpur, District-Jamtara (Jharkhand) 78. Satyendra Sharma, aged about 56 years, S/o Late Jagdish Sharma, resident of Narayanpur, P.O. & P.S.-Jamtara, District- Jamtara (Jharkhand) 79. Gauri Kumari, aged about 56 years, W/o Ashwani Prasad, P.O.- Narayanpur, P.S.-Jamtara, District-Jamtara (Jharkhand) 80. Anil Kumar Dubey, aged about 53 years, S/o Late Kapildeo Prasad Dubey, resident of Court Road, near Railway Station, near Jamtara College, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 81. Prem Nath Tiwary, aged about 57 years, S/o Late Saryu Prasad Tiwary, resident of Village-Kalajharia Madankatta, P.O. & P.S.- Madankatta, District-Jamtara (Jharkhand) 82. Prabal Kumar Sadhu, aged about 54 years, S/o Kalyan Kumar 2026:JHHC:11781 6 Sadhu, resident of Village-Kalipahari, P.O.-Kalipahari, P.S.- Nala, District-Jamtara (Jharkhand) 83. Pranab Kumar Mandal, aged about 55 years, S/o Shachi Nandan Mandal, resident of Village-Fatehpur, P.O. & P.S.- Fatehpur, District-Jamtara (Jharkhand) 84. Bishnu Prasad Mandal, aged about 59 years, S/o Late Narhari Mandal, resident of near Durga Mandir, P.O. & P.S.-Fatehpur, District-Jamtara (Jharkhand) ....Petitioner(s) Versus 1. State of Jharkhand through Chief Secretary, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, District Ranchi. 2. Secretary, Department of School Education and Literacy, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, District Ranchi. 3. Director, Directorate of Primary Education, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, District Ranchi. 4. Deputy Commissioner, Jamtara, having office at Jamtara, P.O. & P.S. Jamtara, District- Jamtara (Jharkhand) 5. District Education Officer, Jamtara, having office at Jamtara, P.O. & P.S.-Jamtara, District-Jamtara (Jharkhand) 6. District Superintendent of Education, Jamtara, having office at Jamtara, P.O. & P.S.- Jamtara, District- Jamtara (Jharkhand). ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Amritansh Vats, Advocate Mr. Shivam A. Pathak, Advocate For the Respondent(s) : Mr. Divyam, A.C. to S.C.-IV --------- 11/Dated:-21.04.2026 1. Heard learned counsel for the parties. 2. The instant writ application was initially preferred by the petitioners praying therein for a direction upon the respondents particularly respondent No.2 to extend the benefit of MACP (Modified Assured Career Progression) to the petitioners who are presently working on the post of Assistant Teacher at different Government Schools of District-Jamtara, as the same has already been extended to the Government Teachers who are 2026:JHHC:11781 7 working in minority schools of the State of Jharkhand, all the employees working in State Government Institutions and also to the all Government Teachers working in the State of Bihar. 3. The grievance of the petitioners is with regard to extending the benefit of MACP to the petitioners as several similarly situated persons are being extended the benefit of MACP who are working on the post of teacher in different schools of the State. 4. During this proceeding, a second supplementary counter affidavit dated 23.09.2024/25.09.2024 has been filed wherein a letter has been annexed and it is stipulated that upon the continuous demand of similarly situated teachers for extending the benefit of MACP to the teachers also; the State Government vide its letter dated 07.08.2024 addressed to the General Secretary of All Jharkhand Primary Teachers Association has assured that the process for granting MACP will be initiated for teachers working in the State of Jharkhand. 5. 5. In other words, from record it is clear that the teachers of other schools are being granted MACP; however, the petitioners belonging to the primary school are not getting the benefit of MACP; therefore, the Union/Association has regularly been demanding for extending the benefit of MACP to the teachers of the Primary School also; as such, the Government has already taken a decision that the benefit of MACP will be extended to them, but till date, final decision has not been taken. For brevity, paras-4, 5, 6 and 7 of the second supplementary affidavit are 2026:JHHC:11781 8 extracted hereinbelow: “4. That upon their continuous demand by the similarly situated teachers for extending the benefits of MACP to the teachers also, the State Government vide a letter dated 07.08.2024 addressed to the General Secretary of All Jharkhand Primary Teachers Association has assured that within a week, the process for granting the MACP will be initiated for the teachers working in the state of Jharkhand. 5. That thereafter, a letter dated 08.08.2024 as contained in Memo No. 1507 issued under the signature of Secretary, Department of School, Education and Literacy addressing to the Secretary, Department of Personnel, Administration, Reforms & Rajbhasa stating therein that upon the demand raised by the similarly situated teacher for extending the benefits of MACP, a meeting is decided to be held on 16.08.2024 by the departments of the Government. 6. That it is submitted that upon continuous demand by the teachers for extending the benefits of MACP in the State of Jharkhand as the similarly situated teachers, who are working in minority school as well as residential school has already been granted the privilege of MACP and also the teachers working in the State of Bihar, who is governed by the very same rule, the benefits of MACP has also been extended to them. Only the petitioners and other similarly situated persons, who are the government teachers, the state government has not taken a decision till date for grant of MACP, however, on the continuous protest by the similarly situated persons, the State Government has now decided to extend the benefit of MACP to the teachers, who are working in the primary School of Jharkhand, which is also evident from the aforesaid letter, wherein the government has started the process for extending the benefits of MACP to the teacher, but till date nothing has been done after issuing these two letters only assurance has been given but within a period of one week, the benefits of MACP will be extended, but it's being one month, nothing has been done. 7. That it is submitted that since the government has already taken a decision, which is evident from the aforesaid letters that the benefit of MACP will be extended to them but by what time the Government will take the decision to implement the benefit of MACP has not been assured by the office of the respondents.” 6. Looking to the overall facts and circumstances of the case and in the factual background that the teachers of other schools are getting MACP benefits and the Government is also looking into this matter; as such, at this stage, the instant writ application, is hereby, disposed of by directing the concerned respondent to take a final decision on the discussion with regard to payment of MACP benefit to the primary teachers also, for which, they have already initiated the process, reference of which is mentioned in the supplementary affidavit which has not been denied by the respondents. 7. Accordingly, the instant application stands disposed of 2026:JHHC:11781 9 by giving direction to expedite the matter and take a final decision with regard to the issue of payment of MACP to the petitioners who belong to the primary schools. The entire exercise shall be completed within a period of 16 weeks from the date receipt of copy of this order. 8. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) APRIL 21, 2026 vikas/- uploaded 20/05/2026