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2026 DAILYLAW 14618 (JHR)

DR. NAGESHWAR SHARMA v. THE STATE OF JHARKHAND

WPC/7547/2025 · 2026-04-30

Deepak Roshan

body2026

Judgment text

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2026:JHHC:14523 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7547 of 2025 …… Dr. Nageshwar Sharma aged about 76 years, son of Late Bhuneshwar Sharma, resident of Indra Nagar, Circular Road, Barmasia, P.O & P.S-Deoghar, Dist.-Deoghar (Jharkhand). 2. Ram Nandan Singh aged about 77 years, son of Hari Nandan Singh, and resident of House no. 10, ward no. 31, Ram Mandir Road, near Ram Mandir School Jhousagari, B. Deoghar, P.O & P.S- Deoghar, Dist.-Deoghar (Jharkhand). 3. Madaneshwar Narayan Chawdhary, aged about 77 years, son of Late Madhusudan Chawdhary, resident of Sai Niwash, Town- Khuta Bandh, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 4. Dr. Pramod Kumar Sinha, aged about 79 years, son of Baikunth Prasad Sinha, resident of House no. 338 Bhardwaj Ashram, Ward No. 14/ Haran Chandra Chatterjee Road, Near Hanuman Mandir, Purandaha, P.O & P.S- Deoghar, Dist.-Deoghar (Jharkhand). 5. Richinandan Chakraborty, aged about 77 years, son of Nainigopal Chakraborty, resident of House No.126, Purandaha, Doeghar, B.Deoghar, P.O & P.S- Deoghar, Dist.-Deoghar (Jharkhand). 6. Dr. Madhubansh Jha, aged about 76 years son of R.K. Jha, resident of Rashikpur, Sonawadagal, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 7. Dr. Bidya Nath Jha, aged about 83 years, son of Late Abhiram Jha, resident of Vidyapatinagar, Kanke Road, Near SPRIJAN X-RAY, Ranchi, P.O -Kanke P.S-Gonda, District- Ranchi (Jharkhand). 8. Dr. Atapendra Roy Chowdhury aged about 87 years, son of Late Shrish Roy Chowdhury, House No. 106, Ward No. 12, New Post office, Satsang, Deoghar, P.O & P.S- Deoghar, District-Deoghar (Jharkhand). 9. Rajeshwari Devi aged about 67 years wife of Late Shyama Charan Khaware, resident of Professor Colony, Upper Bilasi Town, Deoghar, P.O & P.S-Deoghar, District- Deoghar (Jharkhand). 10. Dr. Durga Rani Haldar, aged about 81 years daughter of Late Sharad Chandra Halder, resident of Yashoda Lal Roy Road, Ward No. 14, Purandaha, B.Deoghar, P.O & P.S- Deoghar, District- Deoghar (Jharkhand). 11. Manjula Devi aged about 72 years, wife of Late Anugrah Narayan Thakur resident of House No. 127Ward 2026:JHHC:14523 2 no.14, Near Kabristan, Purandaha, Deoghar, P.O & P.S- Deoghar, District- Deoghar (Jharkhand). 12. Manoj Kumar Jha, aged about 61 years son of Late Sarju Prasad Jha, House no. 21, Dangalpara, Hizla Road, Old Dumka P.O & P.S- Dumka, District- Dumka (Jharkhand). 13. Dr. Madan Gopal Tiwari aged about 77 years son of Faneshwar Tiwari, resident of House No. 72, Bidhu Bhushan Sarkar Road, Near Superb School, Williams Town, B.Deoghar P.O & P.S- Deoghar, District-Deoghar (Jharkhand). 14. Md. Shamsuddin, aged about 80 years, son of Late Md. Hanif, resident of ward no. 33, Khalashi Mohalla, Masjid Gali, Madhupur, P.O & P.S- Madhupur, District- Deoghar (Jharkhand). 15. Dr. Ashish Kumar Sinha aged about 79 years son of Sukhmaoy Sinha, resident of behind Madhupur College, College Gali, Madhupur Pather Chapti, P.O & P.S- Madhupur, District-Deoghar (Jharkhand). 16. Taracharan Khaware, aged about 87 years son of Bhagwati Charan Khaware, resident of House no. 120, Ward no. 28, Raghu Nath Road, P.O & P.S- Deoghar, District- Deoghar (Jharkhand). 17. Himanshu Dutta Dwary, aged about 83 years son of Indra Dutta Dwary, resident of ward no. 26, near Jha and Thakur petrol Pump, Rampur, P.O & P.S-Deoghar, District- Deoghar (Jharkhand). 18. Shyam Sundar Jha, aged about 85 years son of Chhedi Jha, resident of Malhara, Rampur, B.Deoghar P.O & P.S- Deoghar, District- Deoghar (Jharkhand). 19. Jalaj Shekhar Sinha, aged about 44 years son of Late Suchit Shekhar Sinha, resident of Ward No. 4, Β.Β. Sarkar road, Barmasia, Kothia, Deoghar, B.Deoghar P.O & P.S- Deoghar, District- Deoghar (Jharkhand). 20. Laxmi Devi, aged about 75 years wife of Late Ram Narayan Roy, resident of Indra Nagar, Circular Road, B. Deoghar, P.O. & P.S. Deoghar, District-Deoghar (Jharkhand). …. Petitioner(s) -VERSUS- 1. The State of Jharkhand 2. The Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, office at Nepal House, Doranda, P.O & P.S Doranda, District Ranchi (Jharkhand). 3. The Director, Department of Higher and Technical Education, Government of Jharkhand, office at Nepal 2026:JHHC:14523 3 House, Doranda, P.O & P.S Doranda, District - Ranchi (Jharkhand). 4. The Under Secretary Department of Higher and Technical Education, Government of Jharkhand, office at Nepal House, Doranda, P.O. & P.S. Doranda, District- Ranchi (Jharkhand). 5. The Vice Chancellor, Sido Kanhu Murmu University, Dumka, P.O. & P.S. Dumka-District-Dumka (Jharkhand). 6. The Registrar, Sido Kanhu Murmu University, Dumka, P.O. & P.S. Dumka-District-Dumka (Jharkhand). …..Respondent (s) …… CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Amresh Kumar, Adv For the Respondent (s) : Mr. Divyam, A.C. to S.C.-IV For the Resp. Nos. 5 &6 : Mr. Mithilesh Singh, Advocate …… 3/30.04.2026 I.A. No. 5539 of 2026 1. The instant interlocutory application has been preferred by the applicant namely, Rajeshwari Devi wife of late Shyama Charan Khaware, for substituting her names in place of petitioner no.9 namely, Shyama Charan Khaware, who died during pendency of this writ application. 2. There is no objection from the respondents. 3. Looking to the averments made in this application, I.A.No.5339 of 2026 stands allowed. 4. Office is directed to make necessary correction in the cause title. W.P.(S) No. 7547 of 2025 5. With the consent of the parties, the matter is being taken up for hearing today itself. 6. The instant writ application has been preferred by the petitioner for the following reliefs; (i) For issuance of appropriate writ(s)/ Rule(s)/direction(s) particularly a writ in the nature of certiorari for quashing the resolution Memo No. 306 dated 09.03.2022 issued by Department of Higher and 2026:JHHC:14523 4 technical Education, Government of Jharkhand annexed as Annexure-1. (ii) For issuance of appropriate writ(s)/ order(s)/ and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents and directing them to immediately and forthwith shift the date of implementation of 7th pay revision from 01.04.2021 to 01.01.2016 in resolution Memo No. 306 dated 09.03.2022 for retired teachers of Ranchi University, who were retired before 01.01.2016 and pay revised pension with arrears with interest @ 12% per annum. (iii) For issuance of appropriate writ(s)/ order(s)/ and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents and directing them to immediately and forthwith pay revised pension with arrears as per 7th Pay Revision for the period 01-01-2016 to 31-03-2021 with interest @ 12% per annum. 7. At the outset, learned counsel for the petitioner submits that the issue involved in the present writ application is squarely covered by the decision rendered in W.P.(S) No. 5187 of 2022 along with analogous cases; wherein the relief sought by similarly situated employees was allowed by this Court. 8. Accordingly, learned counsel for the petitioner submits that the relief sought by the petitioners in the instant writ application may also be allowed in the line with the judgment passed in the above referred case. 9. Learned counsel for the respective respondents does not dispute the aforesaid position that the issue involved in this writ application is squarely covered by the judgment rendered in W.P.(S) No. 5187 of 2022 along with analogous cases. 2026:JHHC:14523 5 10. Having regard to the fair submission of the learned counsel for the parties, the instant writ application is hereby allowed by quashing part of the resolution dated 09.03.2022 to the extent that the respondent is directed to shift the date of implementation of 7th pay revision from 01.04.2021 to 01.01.2016 for the retired teachers of the Ranchi University who retired before 01.01.2016 and pay revised pension along with all consequential benefits what has been directed by this Court in W.P.(S) No. 5187 of 2022 along with analogous cases. 11. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of copy of this order. 12. Accordingly, the instant writ application stands allowed. Pending I.A.s if any also stands disposed of. (Deepak Roshan, J) 30.04.2026 Amardeep/ Uploaded on 15.05.2026