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2026 DAILYLAW 26686 (JHR)

HEMANT KUMAR SAH v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT

WPC/7374/2026 · 2026-09-17

Deepak Roshan

body2026

Judgment text

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2026:JHHC:28245 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 7374 of 2026 --------- 1. Hemant Kumar Sah, aged about 65 years, Son of Sri Lalji Sah, resident of Kusumghati, P.O. & P.S. Godda, District – Godda 2. Bhola Prasad Sah, aged about 63 years, Son of Ram Sundar Sah, resident of Borio Santhali, P.O. – Borio, P.S. Sahebganj, District – Sahebganj ......Petitioner(s) Versus 1. The State of Jharkhand through the Secretary, School Education & Literacy Department, Government of Jharkhand, Office at Project Building, Dhurwa, P.O. & P.S. – Dhurwa, District – Ranchi 2. The Director, Secondary Education, Government of Jharkhand, Office at Project Building, Dhurwa, P.O. & P.S. – Dhurwa, District – Ranchi. 3. The Deputy Commissioner, Sahebganj, P.O. & P.S. – Sahebganj, District – Sahebganj 4. The District Education Officer, Sahebganj, P.O. & P.S. – Sahebganj, District – Sahebganj, .....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mrs. Darshana Poddar Mishra, Sr. Advocate Mr. Rohit, Advocate Mrs. Diksha Divedi, Advocate For the Respondent(s) : Ms. Nirupama, AC to Sr. SC-II --------- 02/Dated:-17.09.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioners praying therein for the following reliefs: i. “For issuance of an appropriate writ/order/direction from this Hon'ble High Court in the nature of Mandamus commanding upon the respondents to immediately grant the Senior Selection Grade (Pravaran) pay scale to the petitioners since the petitioners are retired Assistant Teachers who have completed uninterrupted, continuous, unblemished and satisfactory service of 24 years in the schools in the district of Sahebganj and are eligible to the grant of the said Senior Selection Grade (Pravaran) pay scale in view of the "Jharkhand Government Secondary School Teaching and Non-Teaching Employees Recruitment and Service Conditions Rules, 2015", as contained in notification no. 434 dated 1.3.2016 and also the letter no. 955 dated 4.5.2016 issued by the Secretary, School Education & Literacy Department, Government of 2026:JHHC:28245 2 Jharkhand to all the Deputy Commissioners of the State of Jharkhand in pursuance to the aforesaid Rules of 2015 and because similarly situated Assistant Teachers have already been granted the said Senior Selection Grade (Pravaran) pay scale vide Office Order contained in Memo no.872 dated 16.5.2025 issued by the District Education Officer, Sahebganj (Respondent No.4) and the said pay-scale is not being granted to the petitioners for reasons best known to the Respondents. ii. For further issuance of an appropriate writ/order/direction, particularly a writ in the nature of mandamus commanding upon the Respondents to recalculate the post retiral benefits, pensionary benefits etc. and release the payment of pension and other consequential benefits after revising the pay scale of the petitioners with interest @bank rate from the date on which such Senior Selection Grade (Pravaran) pay scale became due to the petitioners till the date of actual payment.” 3. It has been contended by the learned senior counsel for the petitioners that the grievance of the petitioners raised in this application has already been redressed with respect to similarly situated person, as such at this stage, interest of justice would be sufficed by granting liberty to the petitioners to approach the respondent No.3 to redress the grievance raised in this application. 4. Learned senior counsel further submits that annexure-5 was issued by the concerned respondent, whereby the name of these petitioners were duly incorporated, however, both of them have been denied the same benefit what have been given to others. 5. 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. 6. Having regard to the aforesaid submissions and without going into the merits, the instant writ application is hereby disposed of by directing the respondent No. 3 to look into the grievance of the petitioners by treating this writ application as 2026:JHHC:28245 3 representations and take a decision in the mater in accordance with law and applicable rules and regulations and also in light of Annexure – 5 which is appended in this writ application by passing a reasoned and speaking order with a period of 08 weeks from the date of the receipt of copy of the order and communicate the same to the petitioners and if the order is passed in favour of the petitioners, consequential benefits shall be extended to the petitioners within a further period of 04 weeks. The petitioners shall serve a copy of this writ application along with the relevant documents to the concerned respondent for convenience. 7. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) SEPTEMBER 17th, 2026 Simran/- Uploaded-28.09.2026