MOHAMMAD HEMILE ALIAS MD. HEMAIL v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, RANCHI
WPC/7160/2026 · 2026-09-15
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26663 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26663 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:27863 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7160 of 2026
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1. Mohammad Hemile @ Md. Hemail, aged about 66 years, S/O Late Md. Ramjan Ali, Resident of Village-Kharhara, P.O. Barahat, P.S. Barahat, District Banka (Bihar).
2. Basant Narayan, aged about 67 years, S/O Gobardhan Mahto, Resident of Village- Rangmatiyaa, P.O. &, P.S. -Malni, District - Godda (Jharkhand).
3. Ajay Kumar Verma, aged about 65 years, S/O Udit Narayan Verma, Resident of Narayan Niwas Ward No.-32, Shahid Ashram Road, P.O. & P.S. Deoghar, District -Deoghar (Jharkhand).
....Petitioner(s)
Versus
1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi, having its Office at Project Building, Dhurwa P.O. Dhurwa, P.S.-Jagannathpur, District-Ranchi (Jharkhand).
2. The Secretary, Department of Higher & Technical Education, Government of Jharkhand, having its Office at Nepal House, P.O. & P.S.- Doranda, District-Ranchi (Jharkhand).
3. The Director, Higher Education, Government of Jharkhand, having its Office at Project Building, Dhurwa P.O.- Dhurwa, P.S.- Jagannathpur, District-Ranchi (Jharkhand).
4. The Sido Kanhu Murmu University (SKMU), Dumka, through its Registrar and SKMU Campus, at Dumka P.O. & P.S.- Dumka, District- Dumka (Jharkhand).
5. The Registrar, Sido Kanhu Murmu University (SKMU), Dumka at Dumka, P.O. & P.S.- Dumka, District-Dumka (Jharkhand).
6. The S.B.S.S.P.S. Janjatiya College, Pathargama, P.O. & P.S.- Pathargama, District-Godda through the Secretary, Governing Body, P.O. & P.S.-Pathargama, District-Godda. ....Respondent(s)
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : Mr. Shailesh Kumar Singh, Advocate For the Respondent(s) : Mr. Ashok Kr. Singh, A.C. to S.C.(L&C)-III
Mr. Deepak Kumar, A.C. to S.C.(L&C)-III
Mr. Vishal Kr. Rai, Advocate
--------- 02/Dated: 15.09.2026
1.
Heard learned counsel for the parties.
2.
The instant writ application has been preferred by the petitioners praying therein for the following reliefs:
For issuance of an appropriate writ(s), order(s) or direction(s) or writ in the nature of mandamus commanding upon the respondent State Authorities to consider and release funds to the Respondent University for making payment of Pension / Pensionary dues to the Petitioners who have
2026:JHHC:27863 2 been rendering their services in Respondent College, which is affiliated to the Respondent University and is getting Grant-in-Aid.
For issuance of an appropriate writ(s), order(s) or direction(s) or writ, the Petitioners consequently pray for a direction upon the respondent authorities to pay them pension and other retiral dues including Leave encashment, Gratuity as is being paid to the Teachers of Government Colleges in as much as the Petitioners are also discharging same and similar function of teaching students in affiliated and Grant-in-Aid Colleges.
For issuance of an appropriate writ(s), order(s) or direction(s) and declaration to the extent and in terms of Section-57(A) of the Jharkhand State University Act-2000 to the extent that the benefits of Teachers working in similarly situated Deficit Grant Minority Colleges be extended to the Teachers, who have been validly appointed on the recommendation of the Commission in affiliated colleges in as much as they are discharging same and identical duties / services in relation to teaching of the students.
3.
Learned counsel for the petitioners submits that though the petitioners are fully entitled for the prayer made in the instant writ application; however, in spite of repeated representations the grievance of the petitioners has not been redressed.
4.
Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such, the petitioners 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 petitioners 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-State Authorities to look into the grievance of the petitioners by treating this writ application as representation and take a decision in the matter in accordance with law and applicable rules and regulations with regard to release of funds to the respondent- University for making payment of pension/pensionary dues to the petitioners by passing a reasoned and speaking order within a
2026:JHHC:27863 3 period of 8 weeks from the date of receipt of copy of this order and forward the same to the respondent-University and the petitioners as well and if the order is passed in favour of the petitioners, the State Authorities shall release the funds to the respondent- University within a further period of 4 weeks and the respondent- University in turn shall pay all consequential benefits to the petitioners within a further period of 2 weeks. One of the petitioners shall 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.) SEPTEMBER 15, 2026 vikas/- uploaded 22/09/2026