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2026 DAILYLAW 8389 (JHR)

DR AMRENDRA THAKUR v. THE STATE OF JHARKHAND TH THE SECRETARY HIGHER EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT

WPC/6077/2023 · 2026-04-18

Deepak Roshan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:11356 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6077 of 2023 --------- Dr. Amrendra Thakur, aged about 68 years, son of Late Pitambar Thakur, resident of Pitambar Nagar, Near Firing Range, Bariatu Road, Ranchi, P.O. Bariatu, P.S. Sadar, District Ranchi (Jharkhand). ....Petitioner(s) Versus 1. The State of Jharkhand through the Secretary, Higher Education, Human Resources Development Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 2. Director, Higher Education, Human Resources Development Department, Government of Jharkhand, Project Building, Dhurwa, Ρ.Ο. Dhurwa, P.S. Jagannathpur, District Ranchi. 3. Ranchi University, Ranchi, through the Vice-Chancellor, Main Road, P.O. G.P.O., P.S. Kotwali, District Ranchi. 4. Registrar, Ranchi University, Ranchi, Main Road, P.O. G.P.O., P.S. Kotwali, District Ranchi. 5. The Principal, Gossner College, Ranchi, P.O. G.P.O., P.S. Sadar, District Ranchi. ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Mr. Arpan Mishra, Advocate For the Respondent(s) : A.C. to G.P.-V Mr. Anoop Kumar Mehta, Advocate Mr. Amit Kumar Sinha, Advocate Mr. Shubham Malviya, Advocate --------- 14/Dated:-18.04.2026 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 writ(s), order(s) and / or direction(s) for quashing the order as contained in Ref. No. G.C. 492/2022 dated 20.08.2022 (Annexure-12) issued under the signature of Professor In-Charge, Gossner College, Ranchi, whereby and whereunder the claim for "Matching Grant" has been rejected on the ground that the pay fixation has not yet been fixed by the Government and further the entitlement to get salary grant in aid and other retiral benefits or not, would be subject to the decision of the State Government; (ii) For issuance of writ(s), order(s) and / or direction(s) for declaring that the petitioner is entitled for salary and retiral benefits including pension and gratuity at par with the teaching staff working in other minority colleges affiliated to the university in the State of Jharkhand; 2026:JHHC:11356 2 (iii) For issuance of writ(s), order(s) and / or direction(s) upon the respondents to release the arrears of salary from the year 2010 till the date on which the petitioner superannuated from the services i.e. 31.07.2020 and further to release the retiral benefits including pension and gratuity to the petitioner; 3. At the outset, learned counsel for the petitioner submits that the issue involved in this writ application has been decided by the Division Bench of this Court in L.P.A. No.245 of 2022 with analogous cases wherein the matter has been remitted to the Secretary, Higher Education who is directed to take appropriate decision after verifying the record. 4. Learned counsel for the respondents fairly supports the aforesaid contention and further submits that in view of para- 51 of the aforesaid judgment, the case of the petitioner may be remitted in the light of the order passed by the Division Bench. 5. Having heard learned counsel for the parties and after going through the prayer made in this writ application and also the order dated 24.06.2024, it appears that the Division Bench after hearing both the parties and considering several earlier judgments, has remitted the case to the Secretary, Higher Education. For brevity, para 51 of the said order is extracted hereinbelow: “51. The matter is being remitted before the Secretary, Higher Education, the concerned respondent is directed to take appropriate decision after calling and verifying the records from the concerned college for the purpose of ascertaining the date of appointment for the purpose of applying the policy decision dated 09.12.1982 and if it is found that one or the other writ petitioners are covered with the said policy decision based upon the date of appointment as also the judgment rendered in the case of State of Bihar & Ors. vs. Syed Asad Raza & Ors. (supra), then the consequential relief shall be granted. In case of denial of claim, the same be communicated forthwith.” 6. Having regard to the above and also on submission of learned counsel for the rival parties, the impugned order dated 2026:JHHC:11356 3 20.08.2022 (Annexure-12) is quashed and set aside. Learned counsel for the petitioner is directed to file a fresh representation before the Secretary, Higher Education (Respondent No.1) along with all supporting documents including the judgment passed in L.P.A. No. 245 of 2022 with analogous cases as early as possible preferably within a period of four weeks. 7. The moment, the Respondent No.1 will receive the representation, he shall take an informed decision taking into consideration the judgment rendered in L.P.A. No.245 of 2022 and pass an order and the entire exercise shall be completed within a period of 12 weeks from the date of receipt of such representation. It goes without saying that the respondent No.1 shall not be prejudiced with the impugned order, rather he shall look into the order passed by the Division Bench of this Court in similar issue. 8. Accordingly, the instant writ application stands disposed of. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) APRIL 18, 2026 vikas/- uploaded 05/05/2026