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2026 DAILYLAW 19007 (JHR)

RAMSHANKAR VERMA v. THE STATE OF JHARKHAND

WPC/4451/2026 · 2026-06-30

Deepak Roshan

body2026

Judgment text

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2026:JHHC:19131 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4451 of 2026 --------- Ramshankar Verma, aged about 27 years, Son of- Late Balram Prasad Verma, Resident of- Village Chachghara, P.O. Jaruadih, P.S.- Jamua, District-Giridih, Jharkhand-815318 ....Petitioner(s) Versus 1. The State of Jharkhand. 2. The Chief Secretary, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand. 3. The Principal Secretary, Department of School Education & Literacy, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, Collectorate Building, P.O. & P.S.-Giridih, District-Giridih, Jharkhand. 5. The District Superintendent of Education Cum Deputy District Programme Officer, Giridih, P.O. & P.S. Giridih, District- Giridih, Jharkhand. 6. The District Education Officer-Cum-District Programme Officer- Giridih, Vigyan Bhawan, Jhanda Maidan, Giridih, P.O. & P.S.- Giridih, District- Giridih, Jharkhand. ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Mukesh Kr. Sinha, Advocate For the Respondent(s) : Mr. Binit Chandra, A.C. to AAG-III --------- 02/Dated: 30.06.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: i) For issuance of appropriate writ(s), order(s), directions(s) or a writ in the nature of mandamus commanding upon the respondents to forthwith appoint the petitioner on compassionate ground on the post of Para -teacher (Re-designated as Assistant Teacher) as per Clause 10 of the notification no. 238 dated-14.02.2022 (duly Gazzetted) and issued under the signature of the Secretary Dept. of Education and Literacy (Directorate of Primary Education), Govt. of Jharkhand, Framing "Jharkhand Assistant Teacher Service Conditions Rules, 2021" and resolution no. 237 dated-14.02.2022 of the Department of School Education & Literacy where at clause 11.1 (1) of the resolution, it has been resolved to extend the benefit of compassionate appointment to the dependent of the para teacher who died in harness provided the dependent posses the eligibility to be selected as Para - teacher, while considering the following important facts:- a. Petitioner's late father was working on the post of Para teacher since 10.11.2004 at upgraded middle School, Chachghara, Jamua, however, died in harness on 15.02.2022. b. Vide notification no. 238 dated-14.02.2022, the Dept. of School Education and Literacy by the order of the Governor, in exercise of power conferred under Article 309 of the Constitution framed Jharkhand Assistant Teacher Service Conditions Rules, 2021 and Rule 10 clearly provides " पारा िशᭃकᲂ के कायᭅ अविध मᱶ मृ᭜यु होने कᳱ 2026:JHHC:19131 2 ि᭭थित मᱶ िशᭃक कᳱ अहताᭅ पूणᭅ करने पर मृतक के एक आि᮰त कᲂ अनुक᭥पा का लाभ देय होगा। c. Through resolution no. 237 dated-14.02.2022 (Duly Gazetted and applicable with immediate effect) on the subject " समᮕ िशᭃा के अंतगᭅत कायᭅरत पारा िशᭃक हेतु झारख᭛ड सरकार अ᭟यापक कᳱ सेवाशतᭅ िनयमावली, 2021 कᳱ ᭭वीकृित के संबंध मᱶ। The Department of School Education & Literacy, Govt. of Jharkhand, after approval of "Jharkhand Assistant Teacher Service Condition Rules, 2021 by the Department of Personnel and approval by the cabinet clarified at clause 11 (1) of the resolution that the dependent of the para teacher who died in harness shall be appointed/selected on the post of para-teacher if the dependent posses the required eligibility for being selected on the post of Para-teacher. d. The mother of the petitioner had immediately represented before the authorities for the appointment of the petitioner on compassionate ground as per Jharkhand Assistant Teacher Service Condition Rules, 2021 and the resolution no. 237 dated 14.02.2022 in which provision has been made after due approval regarding appointment/selection of the dependent of a para teacher on the post of para teacher having required eligibility. ii) For issuance of appropriate direction upon the respondents showing them cause as to why letter of appointment till date has not been handed over to the petitioner as per the Rule 10 contained in Jharkhand Assistant Teacher Service Condition Rules, 2021 and as per clause 11 of the resolution dated-14.02.2022. 3. Learned counsel for the petitioner submits that though the petitioner is fully entitled for the prayer made in the instant writ application; however, in spite of repeated representations, the grievance of the petitioner has not been redressed. 4. Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such the petitioner may be directed to approach the concerned respondent by filing a fresh representation, who shall look into the matter so that the grievance of the petitioner can be redressed. 5. Having regard to the aforesaid submissions and without going into the merits of the case, the instant writ application is hereby disposed of by directing the petitioner to approach the concerned respondent by way of filing a fresh representation along with all relevant documents and upon receipt of the same, the concerned respondent shall look into the 2026:JHHC:19131 3 grievance of the petitioner and take a decision in the matter in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 8 weeks from the date of receipt of such representation and communicate the same to the petitioner and if the decision is in favour of the petitioner, all consequential order shall also be passed within a further period of 3 weeks. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. Pending I.A., if any also stands closed. (Deepak Roshan, J.) JUNE 30, 2026 vikas/- uploaded 07/07/2026