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2026 DAILYLAW 24160 (JHR)

AWADH KISHORE JAISWAL v. THE STATE OF JHARKHAND THR ITS SECRETARY (SECONDARY EDUCATION) SCHOOL EDUCATION AND LITERACY DEPT

WPC/4733/2026 · 2026-08-19

Deepak Roshan

body2026

Judgment text

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( 2026:JHHC:25097 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S). No. 4733 of 2026 ---- Awadh Kishore Jaiswal, aged about 75 years, S/o Dinanath Prasad and the Husband of the deceased wife Late Anita Jaiswal an Assistant Teacher, Project Girls High School, Bhawnathpur, District Garhwa …..Petitioner Versus 1. The State of Jharkhand through its Secretary, (Secondary Education), School Education and Literacy Department, Government of Jharkhand, M.D.I Building, P.O & P.S Dhurwa, District Ranchi 2. The Director (Secondary Education), School Education and Literacy Department, M.D.I. Building, P.O. & P.S.: Dhurwa, District: Ranchi. 3. The Regional Deputy Director of Education, Palamau Division, at Daltonganj, P.O. & P.S. Daltonganj, District: Palamau. 4. The District Education Officer, Palamau, P.O. & P.S. Daltonganj, District:- Palamau. 5. The Accountant General, Jharkhand having its office at Doranda, P.O. & P.S.: Doranda, District: Ranchi. ….Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioners : Mr. Sanjay Kumar Pandey, Advocate For the Respondents : Mr. Apoorva Singh, A.C. to SC Mines-II --- 02/ Dated: 19.08.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: “ for issuance of an appropriate writ/writs, order /orders direction/directions directing the respondent to recognize the service of the deceased wife of the petitioner on the post of Assistant Teacher in Project Girls High School, Bhawnathpur, Garhwa, and pay their salary w.e.f. 01.01.1989 to the death of his wife i.e. 19.09.2007, in light of the judgment 7.12.1999 of the Full Bench judgment and affirmed upto Hon'ble Supreme Court vide judgment dated 3.1.2006 and further in light of the judgment dated 5.9.2018 passed in W.P.(S) No 921/2018 and other analogous cases and in view of the notification no-424 dated 9.2.2011, in view of the notification no. 1272, dated 25.04.2018 and in view of the notification no. 3123, dated 22.11.2023 and in view of the several orders, issued by the department on different dates, by which the service of the similar situated ( 2026:JHHC:25097 ) persons like the his deceased wife has been recognized against the post of assistant teacher in Project School and further in view of the several judgment passed by this Hon'ble Court and in view of the several consequential orders issued by the Department and further direct to respondent authority to release the family pension and others pensionary benefits to the petitioner with all consequential benefit, and further direct to respondent to pay interest on the aforesaid amount the aforesaid amount which has been paid to the petitioner due to negligence attitude of the respondents.” 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 representation dated 15.05.2026, 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 respondent No. 2 to look into the grievance of the petitioner by treating this writ application as representation 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 10 weeks from the date of receipt of copy of this order and communicate the same to the petitioner and if the order is passed in favour of the petitioner consequential benefits be granted within a period of 2 weeks. The petitioner may serve a copy of this writ application along with the relevant documents to the concerned respondent for convenience. 6. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) 19.08.2026 Abha/-