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2026 DAILYLAW 24813 (JHR)

MD. KHURSHID ALAM v. THE STATE OF JHARKHAND THRO THE SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY

WPC/5380/2026 · 2026-08-20

Deepak Roshan

body2026

Judgment text

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2026:JHHC:25333 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5380 of 2026 1. Md. Khurshid Alam, aged about 63 years, S/O Late Md. Abdul Hafiz, R/O Village- Raha, P.O.- Maheshtikri, P.S. Basantrai, District- Godda (Jharkhand). 2. Mithilesh Kumar Sinha, aged about 61 years, S/O Late Dipnarayan Ram, R/O Village- Balbadda, Mehrma P.O.& P.S. Balbadda, Mehrma, District-Godda (Jharkhand) 3. Birendra Kumar Singh, aged about 63 years, S/O Late Sitaram Prasad Singh, R/O Village- Amarpur, P.O. Singhchak, P.S. Surajgarha, District- Lakhisarai (Bihar). 4. Arun Kumar Choudhary, aged about 65 years, S/O Late Shatrughan Prasad Choudhary, R/O Village- Barilagma, P.O. & P.S. Shivkund Dharhara, District-Munger (Bihar). 5. Anuj Kumar Singh, aged about 62 years, S/O Late Ramdeo Singh, R/O Village-Sarwa, P.O.& P.S Sarwa, District-Deoghar (Jharkhand). 6. Pramod Kumar Singh, aged about 61 years, S/O Late Shivdani Singh, R/O Village-Salempur, P.O. & P.S. Surajgarha, District-Lakhisarai (Bihar). 7. Ashok Kumar Sahani, aged about 61 years, S/O Late Ishwar Sahani, R/O Village- Pakuria, P.O. & P.S. Pakuria, District- Pakur (Jharkhand). 8. Nilkanth Prasad Yadav, aged about 63 years, S/O Late Parmeshwar Yadav, R/O Village-Harlal Tola, P.O.-Haripur, Garbanna, P.S. Godda, District-Godda (Jharkhand). 9. Lok Nath Mahto, aged about 61 years, S/O Shree Panchanan Mahto, R/O Village- Punsia, P.O.-Godda Collage, P.S.-Godda, District- Godda (Jharkhand). 10. Tapeshwar Prasad Verma, aged about 67 years, S/o Late Asharfi Prasad Verma, R/O Village-Nowdiha, P.O.- Nowdiha, P.S. Poreyahat, District-Godda (Jharkhand). 11. Jay Prakash Bagbai, aged about 61 years, S/O Kailash Bagbai, R/O Village-Karnatari, Kurmichak, P.O. & P.S.- Godda, District- Godda (Jharkhand). 12. Mahendra Pramanik, aged about 62 years, S/O Late Laljee Pramanik, R/O Village- Karnatari, Kurmichak, P.O. & P.S.- Godda, District-Godda (Jharkhand). 13. Upendra Prasad Choudhary, aged about 62 years, S/O Late Kuldeep Choudhary, R/O Village- Kumharpara, P.O. & P.S. Dudhani, District- Dumka (Jharkhand). 14. Devendra Prasad Mandal, aged about 62 years, S/O Late Narsingh 2026:JHHC:25333 2 Mandal, R/O Village-Dhanbe, Hansdiha PO & P.S. Hansdiha, District- Dumka (Jharkhand). 15. Md. Noushad Ansari, aged about 62 years, S/O Late Md. Sajjad Hassan, R/O Village-Aasanbani, P.O. & P.S.- Godda, District-Godda (Jharkhand). 16. Arun Kumar Thakur, aged about 65 years, S/O Late Tarni Thakur, R/O Village- Babu Chakla, P.O-Mahadipur, P.S. Pasraha, District- Khagaria (Bihar). 17. Bibas Chandra Ray, aged about 68 years, S/O Late Bhandari Ray, R/O Village-Bangali Tola, P.O. & P.S-Sahibganj, District-Sahibganj (Jharkhand). 18. Anil Kumar Singh, aged about 62 years, S/o Late Atmaram Singh, R/O Village- Marapa, Balbadda, P.O.-Marapa Balbadda, P.S.- Mehrma District-Godda (Jharkhand). 19. Ratan Kumar Bose, aged about 67 years, S/O Late Sushil Kumar Bose, R/O Village-Babupara, P.O. & P.S.-Godda, District- Godda (Jharkhand). 20. Suresh Kumar Choudhary, aged about 67 years, S/O Late Asharfi Prasad Verma, R/O Village-Nowdiha, P.O.- Nowdiha, P.S. Poreyahat, District-Godda (Jharkhand). 21. Arvind Kumar, aged about 62 years, S/O Late Baleshwer Singh, R/O Village-Danre, P.O.- Danre, P.S. Poreyahat, District- Godda (Jharkhand). 22. Mukund Mahto, aged about 64 years, S/O Late Mahabir Mahto, R/O Village- Jabardaha P.O. & P.S. Hiranpur, District- Pakur (Jharkhand). 23. Shri Prasad Saha, aged about 63 years, S/O Late Hulas Chandra Saha, R/O Village-Kariodih P.O.- Hiranpur, P.S. Littipara, District-Pakur (Jharkhand). 24. Ajay Kumar Singh, aged about 63 years, S/O Late Darogi Prasad Singh, R/O Village- Marpa Block Mehrma, P.O. & P.S.- Belbadda, District- Godda (Jharkhand). 25. Md Yasin Ali, aged about 65 years, S/O Late Mohammad Gyasuddin, R/O Village- Piyarpur, P.O- Piyarpur, P.S. Radha Nagar, District- Sahibganj (Jharkhand). 26. Mohan Kumar Ray, aged about 63 years, S/O Late Nand Kishor Ray R/O Village- Rannuchak, P.O. & P.S. Nathnagar, District- Bhagalpur (Bihar). 27. Md. Abdul Odud, aged about 64 years, S/O Late Md. Koshimuddin Biswas, R/O Village- Islampur P.O & P.S. Bhawanipur, District- Pakur (Jharkhand). 28. Dinbandhu Saha, aged about 65 years, S/O Late Birendra nath Saha, R/O Village- Barmasia, P.O.-Hiranpur, P.S.- Hiranpur, District-Pakur 2026:JHHC:25333 3 (Jharkhand) 29. Manoj Prasad Verma, aged about 64 years, S/O Late Suresh Prasad Verma, R/O Village-Chapri P.O. & P.S. Chapri, District Godda (Jharkhand). 30. Satyanarayan Mandal, aged about 67 years, S/O Baidyanath Mandal, R/O Village- Dhanbai, P.O- Hansdiha Block, P.S. Sariyahat District- Gumka (Jharkhand). 31. Shib Shankar Saha, aged about 64 years, S/O Late Baneshwar Saha, R/O Village- Kariodih, P.O- Hiranpur, P.S. Littipara District- Pakur (Jharkhand). 32. Brahmani Roy, aged about 62 years, W/O Ajay Kumar Singh, R/O Village-Marpa, P.O.-Mehrma, P.S. Belbadda, District-Godda (Jharkhand) 33. Akhtar Khan, aged about 68 years, S/O Late Sultan Khan, R/O Village-Bishaha, P.O. & P.S. Latauna District- Godda (Jharkhand). 34. Manwara Bibi, aged about 67 years, W/O Late Md Ketabuddin, R/O Village-Ilami, P.O.- Ilami P.S. Pakur, District-Pakur (Jharkhand). 35. Monira Bibi, aged about 65 years, S/O Late Md. Najiruddin, R/O Village- Illami, P.O.- Ilami P.S. Pakur, District-Pakur (Jharkhand) 36. Md. Lutfal Haque, aged about 69 years, S/O Late Abdul Hannan, R/O Village- Lakhinarayanpur, P.O. & P.S. Rahaspur, District-Pakur (Jharkhand). 37. Abu Nasar Makbuli, aged about 63 years, S/O Late SK. Abul Noor, R/O Village- Ilami, P.O.- Ilami P.S. Pakur, District- Pakur (Jharkhand). 38. Najibur Rahman, aged about 69 years, S/O Late Samaun Shaikh, R/O Village- Lakhinarayanpur, P.O. & P.S. Rahaspur, District- Pakur (Jharkhand). 39. Dinesh Chandra Goswami, aged about 62 years, S/O Late Raj Kishor Goswami, R/O Village- Madpara, Р.О. & P.S. Pakur, District- Sahibganj (Jharkhand). 40. Mithilesh Chandra Trivedi, aged about 63 years, S/O Late Ramesh Chandra Trivedi, R/O Village- Pakur, P.O. & P.S. Pakur, District- Pakur (Jharkhand). 41. Lalit Kumar Mandal, aged about 61 years, S/O Late Shri Kant Mandal, R/O Village- Saor, Pachisa, P.O Saidapur, P.S. Saidapur District- Godda (Jharkhand). 42. Md. Sakilur Rahman, aged about 62 years, S/O Late Samoul Ali, R/O Village- Gumani, P.O.- Srikund P.S. Barharwa, District- Sahibganj (Jharkhand). 43. Pravin Kumar Singh, aged about 70 years, S/O Chakradhar Prasad Singh, R/O Village-Kolbadda, P.O.- Modiya P.S. Thakurgangti District- 2026:JHHC:25333 4 Godda (Jharkhand). 44. Md. Khurshid Anwar, aged about 66 years, Son of Late Imdad, Resident of Village-Lakarmara, P.O.-Balbadda, P.S.-Mehrama, District- Godda (Jharkhand). 45. Md. Moijuddin, aged about 69 years, Son of Late Md. Sharafat Hussain, Resident of Village-Sarotia, P.O.- Sarbhanga, P.S.-Mahagama, District-Godda (Jharkhand). 46. Prasann Kumar Sah, aged about 70 years, Son of Bangu Ram Sah, Resident of Village-Pelgarhi, P.O.-Kurmichak, P.S.-Kurmichack, District-Godda (Jharkhand). ... Petitioner(s) Versus 1.The State of Jharkhand through the Secretary Department of School Education and Literacy, Government of Jharkhand, Ranchi, having its Office at Project Building, Dhurwa P.O.- Dhurwa, P.S.-Jagannathpur, District-Ranchi (Jharkhand). 2. The Director, Primary Education, Government of Jharkhand, Ranchi, having its Office at Project Building, Dhurwa P.O.- Dhurwa, P.S.- Jagannathpur District-Ranchi (Jharkhand). 3. Joint Secretary, Primary Education, Government of Jharkhand, Ranchi, having its Office at Project Building, Dhurwa P.O.- Dhurwa, P.S.- Jagannathpur District-Ranchi (Jharkhand). 4. The District Superintendent of Education, Pakur at Pakur, P.O. & P.S. Pakur, District-Pakur (Jharkhand). ... Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s) : Mr. Prabhat Kumar, SC-II -------- Order No. 2/Dated: 20th August 2026 The instant writ application has been preferred by the petitioners for the following reliefs: “1. That by way of the instant writ application, the Petitioners pray for issuance of an appropriate writ(s), order(s) or direction(s) or writ, in the nature of mandamus commanding upon the respondent to extend equitable monetary and financial upgradation/benefits to the Writ Petitioners as has been allowed to the similarly situated Writ Petitioners of W.P.S. No.2589/2020 and other analogous cases, which has been affirmed in LPA No.333/2024 and SLP (Civil) No.26265-26266/2025 in as much as the Petitioners have been promoted to Grade- 1 and Grade II, but have not been allowed the monetary and financial benefits of higher Grade-1/II from the very due date and to consequently pay the arrears of 2026:JHHC:25333 5 difference of pay-scale of Grade-I/Grade-II, from due date. AND/OR The Petitioners consequently and in view of the grant of monetary benefits of Grade-1/Grade-II, from the date of very grant of financial upgradation pray for revision of their pay scale and re-computation of their retiral dues in the light of revised pay-scale. AND/OR For the issuance of such other writ, order or direction as may appear just and proper for doing conscionable justice to the Petitioners and in the interest of justice.” 2. Learned counsel for the petitioners submits that the issue involved in this writ application is squarely covered by Annexure-6 to the writ application which has been upheld by Annexure-7 and further sustained by the Hon’ble Apex Court vide Annexure-8. Accordingly, similar benefit may be granted to these petitioners inasmuch as Annexure-9 shows that similar benefit has already been extended to similarly situated persons. He further submits the respondents have though issued a proforma in respect of these petitioners also but benefit has not been extended. 3. Learned counsel for the respondents submits that since no counter affidavit has been filed as such the petitioners may approach the concerned respondents for redressal of their grievance. 4. Having regard to the above and after going through the Annexures to the writ application referred to hereinabove, the respondent no.4 is directed to look into the mater and verify the records of the case and pay the benefits in terms of Annexure-9 to the writ application. The entire exercise shall be completed within a period of 10 weeks from the date of receipt of copy of this order. 5. Learned counsel for the petitioners is directed to serve a copy of this writ application to the concerned respondent. 6. The writ application stands allowed. (Deepak Roshan, J.) 20th August 2026 Amit Uploaded on 01/09/2026