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2026 DAILYLAW 8939 (JHR)

RATHU RAM MAHTO AND ORS v. THE STATE OF JHARKHAND THR CHIEF SECRETARY GOVT OF JHARKHAND RANCHI AND ORS

WPC/467/2018 · 2026-04-16

Deepak Roshan

body2026

Judgment text

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2026:JHHC:11203 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 467 of 2018 ---------- 1. Rathu Ram Mahto, Son of Mangal Mahto, resident of Village + P.O. Karma, Tola Manipur, P.S. Kasmar, District Bokaro, Jharkhand. 2. Indra Nath Manjhi, Son of Shyam Lal Manjhi, resident of Village Medha, P.O. Durgapur, P.S. Kasmar, District Bokaro, Jharkhand. 3. Sandeep Kumar Roy, Son of Nandadu Lal Roy, resident of Village Udaymara, P.O. Khairachatar, P.S. Kasmar, District Bokaro, Jharkhand. 4. Santosh Sanjay Singh, Son of Jageshear Singh, resident of Village + P.O. Ponda, P.S.Kasmar, District - Bokaro, Jharkhand. 5. Ruplal Soren, Son of Kashinath Manjhi, resident of Village+P.O.- Durgapur, P.S. Kasmar, District Bokaro, Jharkhand. 6. Shiv Charan Mahto, Son of Shambhu Nath Mahto, resident of Village +P.O. Manjura (Sokhadih), P.S. Kasmar, District Bokaro, Jharkhand. + P.O. 7. Naresh Kumar Mahto, Son of Rathu Mahto, resident of Village+ P.O. Durgapur, P.S. Kasmar, District Bokaro, Jharkhand. 8. Kumari Surashi Bala, Wife of Brahmeshwar Das Mahto, resident of Village + P.O. Durgapur, P.S. Kasmar, District Bokaro, Jharkhand. 9. Kedar Nath Mahto, Son of Nehal Ram Mahto, resident of Village Baraikala, Tola Koyarijara, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 10. Ganesh Mahto, Son of Tanu Mahto, resident of Village - Ormo, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 11. Umesh Prasad Mahto, Son of Bihari Mahto, resident of Village Baraikala, Tola Tetartand, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 12. Baijnath Mahto, Son of Ganesh Mahto, resident of Village Baraikhurd, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 13. Bhagirath Mahto, Son of Bindeshwar Mahto, resident of Village + P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 14. Chandra Kishor Mahto, Son of Narayan Mahto, resident of Village - Madhukarpur, Tola Ranitand, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 15. Harilal, Son of Keshar Mahto, resident of Village + P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 16. Md. Nasimuddin Ansari, Son of Mastan Ansari, resident of Village Bariyari, P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 17. Ram Kumar Marandi, Son of Yual Manjhi, resident of Village Yogidih, P.O. Bhaski, P.S. Jaridih, District Bokaro, Jharkhand. 18. Trilochan Mahto, Son of Basudev Mahto, resident of Village Baraikala, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 19. Shukdeo Manjhi, Son of Kaleshwar Manjhi, resident of Village Arasaran, Tola Purnapani, P.O. Araju, P.S. Kasmar, District Bokaro, Jharkhand. 20. Yogendra Prasad Mahto, Son of Baij Nath Mahto, resident of Village- Madhukarpur, P.O. Chindipur, P.S.Kasmar, District Bokaro, Jharkhand. 21. Dhananjay Mahto, Son of Jagan Mahto, resident of Village+ P.O. Durgapur, P.S. Kasmar, District Jharkhand. Bokaro, 22. Balram Mahto, Son of Chini Mahto, resident of Village +P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 23. Veena Kumari, Wife of Balram Mahto, resident of Village + P.O. Tangtona, 2026:JHHC:11203 2 P.S. Kasmar, District Bokaro, Jharkhand. 24. Lalita Devi, Wife of Manoj Kumar Mahto, resident of Village Niche Turiyo Basti, P.O. Bhandaridah, P.S. Chandapura, District Bokaro. 25. Madhubala Devi, Wife of Sushil Mahto, resident of Village + P.O. Durgapur, P.S. Kasmar, District Bokaro, Jharkhand. 26. Gopal Kumar Mahto, Son of Maheshwar Mahto, resident of Village Raghunathpur, Tola-Hetbad, P.O.-Bagda, P.S. Kasmar, District Jharkhand. Bokaro, 27. Subhodh Kant Mahto, Son of Ramnath Mahto, resident of Dumarkundar, P.O. Hisim, P.S. Kasmar, District Bokaro, Jharkhand. 28. Kisto Mahto, Son of Lalu Mahto, resident of Village Jamhar, P.O. Chindipur, P.S. Kasmar, District Bokaro, Jharkhand. 29. Anita Devi, Wife of Manilal Mahto, resident of Village Ponda, Tola Kochagora, P.O. Ponda, P.S. Kasmar, District Bokaro, Jharkhand. 30. Rekha Kumari, Wife of Jageshwar Mahto, resident of Village Pakriband, P.Ο. -Bagda, P.S. Kasmar, District – Bokaro, Jharkhand. 31. Bharti Devi, Wife of Indarnath Mahto, resident of Village Goraiyakudar, P.O. - Khairachatar, P.S. Kasmar, District Bokaro, Jharkhand. 32. Hiralal Mahto, Son of Bejo Mahto, resident of Village Rangamati, P.0. Durgapur, P.S. Kasmar, District Bokaro, Jharkhand. 33. Ramesh Kumar Mahto, Son of Jagdamba Mahto, resident of Village- Madhukarpur, Tola Ranitand, P.O. Chindipur, P.S. Kasmar, District Bokaro, Jharkhand. 34. Chhutoo Prasad Mahto, Son of Andu Mahto, resident of Village P.O. Chandipur, P.S. Kasmar, District Jharkhand. Bokaro, 35. Kalicharan Ram, Son of Nilkamal Ram, resident of Village Choura, Tola Manjhidih, P.O.Pirgul, P.S. Kasmar, District Bokaro, Jharkhand. 36. Sita Ram Mahto, Son of Babulal Mahto, resident of Village Lodhkiyari, Tola Balabahiyar, P.O. Bagda, P.S. Kasmar, District Bokaro, Jharkhand. 37. Nakul Munda, Son of Jogan Munda, resident of Village Dabhadih, P.O. Hisim, P.S. Kasmar, District Bokaro, Jharkhand. 38. Ramesh Rabidas, Son of Badhan Rabidas, resident of Village +P.O. Dantu, Tola Rabidas, P.S. Kasmar, District Bokaro, Jharkhand. 39. Lakhan Lal Mahto, Son of Beni Lal Mahto, resident of Village + P.O. Karma, Tola -Khura, P.S. Kasmar, District Bokaro, Jharkhand. 40. Dinesh Kumar Rajwar, Son of Gopal Rajwar, resident of Village Kamlapur, Tola Bangajara, P.O. Ponda, P.S. Kasmar, District Bokaro, Jharkhand. 41. Sarita Devi, Wife of Murlidhar Mahto, resident of Village +P.O. Tangtona, P.S.-Kasmar, District Bokaro, Jharkhand. 42. Md. Mustkin Ali @Mustkim Ali, Son of Abukashin Ali, resident of Village Singhpur (Muslimtola), P.O. - Karma, P.S. Kasmar, District Bokaro, Jharkhand. 43. Raj Kumar Mahto, Son of Nageshwar Mahto, resident of Village Raghunathpur, Tola Hetbad, P.0. Bagda, P.S. Kasmar, District Bokaro, Jharkhand. 44. Sukhdeo Murmu, Son of Rameshwar Murmu, resident of Village Choura, Tola Dumardih, P.O. Pirgul, P.S. Kasmar, District Bokaro, Jharkhand. 45. Sahdev Munda, Son of Jogan Munda, resident of Village Dabhadih, P.O. Hisim, P.S. Kasmar, District Bokaro, Jharkhand. 46. Somar Mahto, Son of Ram Charan Mahto, resident of Village Jumra, P.Ο. 2026:JHHC:11203 3 Pirgul, P.S.Kasmar, District - Bokaro, Jharkhand. 47. Mata Shram Manjhi, Son of Hiru Manjhi, resident of Village Meramhara, P.O. Khairachatar, P.S. Kasmar, District Bokaro, Jharkhand.. 48. Shakuntala Devi, Wife of Phalhari Mahto, resident of Village Raghunathpur, Tola Hetbad, P.O. Bagda, P.S. Kasmar, District Bokaro, Jharkhand. 49. Nageshwar Manjhi, Son of Suphal Manjhi, resident of Village Choura, Tola Dumardih, P.O. Pirgul, P.S. Kasmar, District Bokaro, Jharkhand. 50. Bharat Nayak, Son of Mangaru Nayak, resident of Kamlapur, P.O. Ponda, P.S. Kasmar, District Bokaro, Jharkhand. 51. Ramesh Kumar Mahto, Son of Panchanan Mahto, resident of Village Jumra, P.O. Pirgul, P.S. Kasmar, District Bokaro, Jharkhand. 52. Bahadur Mahto, Son of Pusharam Mahto, resident of Village Karma, Tola Shankardih, P.S. Kasmar, District Bokaro, Jharkhand. 53. Shankar Swarnkar, Son of Bhuneshwar Swarnkar, resident of village Madhukarpur, P.O. Chindipur, P.S. Kasmar, Dist. Bokaro, Jharkhand. 54. Khirodhar Mahto, Son of Dinesh Mahto, resident of Village Madhukarpur, P.O. Chindipur, P.S. Kasmar, District Bokaro, Jharkhand. 55. Laxmi Devi, Wife of Sita Ram Mahto, resident of Village Lodhkiyari, Tola Balabahiyar, P.O. Bagda, P.S. Kasmar, District Bokaro, Jharkhand. 56. Arjun Mahto, Son of Chhutu Mahto, resident of Village Barikhurd, Tola - Mahuwatola, P.O. Chandipur, P.S. Kasmar, Dist. Bokaro, Jharkhand. 57. Sandhya Devi, Wife of Hira Lal Mahto, resident of Village Madhukarpur, Tola Partand, Ρ.Ο. Chindipur, P.S. Kasmar, District Bokaro, Jharkhand. 58. Bhikhari Mahto, Son of Manki Mahto, resident of Baraikala, Tola Bengahara, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 59. Chandra Kishor Mahto, Son of Kaleshwar Mahto, resident of Village+P.O.Hisim, P.S. Kasmar, District. Bokaro, Jharkhand 60. Dinesh Kumar, Son of Baij Nath Mahto, resident of Village Karma, Tola Bhandardih, P.S. Kasmar, District Bokaro, Jharkhand. 61. Sarita Kumari, d/o Manoranjan Mahto, resident of Village Nawadih, Tola Jara, P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 62. Brajesh Kumar Gosai, Son of Dhaneshwar Gosai, resident of Village Bagiyari, P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 63. Shubhash Turi, Son of Bhushan Turi, resident of Village Bagiyari, P.O. Tangtona, P.S. - Kasmar, District Bokaro, Jharkhand. 64. Bhuneshwar Mahto, Son of Janki Mahto, resident of Village Barikala, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 65. Arvind Kumar Mahto, Son of Rameshwar Mahto, resident of Village + P.O. Durgapur, Tola Butitand, P.S.Kasmar, District Bokaro, Jharkhand. 66. Dulali Devi, Wife of Narayan Mahto, resident of Village Nawadih, Tola Jara, P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 67. Dhirendra Kumar Mahto, Son of Maheshwar Mahto, resident of Village Raghunathpur, P.O. -Bagda, P.S. Kasmar, District - Bokaro, Jharkhand. 68. Sima Devi, Wife of Golak Nath Mahto, resident of Village Singpur, P.O. Karma, P.S. Kasmar, District Bokaro, Jharkhand. 69. Thakur Nath Goswami, Son of Dakeshwar Goswami, resident of Village Bagiyari, P.O. Tangtona, P.S. Kasmar, District Bokaro, Jharkhand. 70. Basudev Marandi, Son of Jira Lal Marandi, resident of Village Lodhikiyari, Tola - Damrugoda, P.O. Bagda, P.S. Kasmar, District Bokaro, 2026:JHHC:11203 4 Jharkhand. 71. Tikeshwar Mahto, Son of Gopi Nath Mahto, resident of Village + P.O. Karma, Tola - Khijra, P.S. Kasmar, District Bokaro, Jharkhand. 72. Sudesh Kumar Manjhi, Son of Ram Singh Manjhi, resident of Village Choura, P.O. Hisim, P.S. Kasmar, District -Bokaro, Jharkhand. 73. Lakhindra Soren, Son of Hadiram Manjhi, resident of Village Choura, P.Ο. Hisim, P.S. Kasmar, District Bokaro, Jharkhand. 74. Prahlad Chandra Mahto, Son of Thakur Das Mahto, resident of Village+ P.O. Karma, P.S. Kasmar, District. Bokaro, Jharkhand 75. Raja Ram Manjhi, Son of Mahavir Manjhi, resident of Village + P.O. Hisim, Tola Masridih, P.S. Kasmar, District Bokaro, Jharkhand. 76. Mahesh Kumar Hembram, Son of Vasu Manjhi, resident of Village Kedla, Tola Behragoda, P.O. Hisim, P.S. Kasmar, District Bokaro, Jharkhand. 77. Tula Kumari, Wife of Brajesh Kumar Mahto, resident of Village Gatigadha, P.O. Pirgul, P.S.Kasmar, District Bokaro, Jharkhand. 78. Mukesh Kumar, Son of Lochan Ram Nayak, resident of Village P.O. Dantu, Tola Rohiniyatand, P.S. Kasmar, District Bokaro, Jharkhand. 79. Phanidhar Munda, Son of Tilak Munda, resident of Village Kedla, P.O.Hisim, P.S. Kasmar, District Bokaro, Jharkhand. 80. Ramjan Ansari, Son of Piyari Ansari, resident of Village Ormo, Tola Nowajara, P.O. Chandipur, P.S. Kasmar, District Bokaro, Jharkhand. 81. Lilawati Kumari, Wife of Deonarayan Mahto, resident of Village Hanslata (Huluma), P.O. Dantu, P.S. Kasmar, District Bokaro, Jharkhand. 82. Kumari Latika, Wife of Narendra Prasad Mahto, resident of Village (Bagbindhwa), P.O. Hanslata Dantu, P.S. Kasmar, District Bokaro, Jharkhand. 83. Kuleshwer Mahto, Son of Dhananjay Mahto, resident of Village +P.O. Manjura, P.S. -Rasmar, District Bokaro, Jharkhand. ………. Petitioners Versus 1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, Ranchi, having her office at Project Building, P.O. Jaganathpur, Jharkhand. Dhurwa, P.S. District Ranchi, 2. Principal Secretary, Finance (Planning) Department, Government of Jharkhand, Ranchi, having his office at Project Building, P.O. Dhurwa. P.S. Jaganathpur, District Ranchi, Jharkhand. 3. Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi, having his office at Project Building, P.O. Dhurwa, P.S. Jaganathpur, District Ranchi, Jharkhand. 4. Secretary, Personal Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi, having his office at Project Building, P.O. Dhurwa, P.S. Jaganathpur, District Ranchi, Jharkhand. 5. Director, Primary Education, Government of Jharkhand having its office at Primary Education Directorate, School Education Literacy Department, and Project Building, P.O. Dhurwa, P.S. Jaganathpur, Dist. Ranchi, Jharkhand 6. Director, Jharkhand Education Project Council (J.E.P.C.), At.+P.O.+P.s. Dhurwa, Dist. Ranchi. ………. Respondents --------- 2026:JHHC:11203 5 CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioners : Mr. Atanu Banerjee, Advocate For the State : Mr. Abhinay Kumar, AC to GA-I For the JEPC : Mr. Krishna Murari, Advocate Mr. Raj Vardhan, Advocate ---------- 14/ 16.04.2026 The instant writ application has been preferred for following reliefs: i) For issuance of an appropriate writ particularly writ in the nature of mandamus commanding upon the concerned respondent for considering the claims / representations of the petitioners for their absorption as permanent teachers under the State of Jharkhand and accordingly appropriate orders may be directed to be issued by the concerned respondents in respect of the services of the petitioners; (ii) For issuance of an appropriate writ, order, direction commanding upon the concerned respondents to take a conscious considerate decision on the claim of the petitioners keeping in view the admitted fact that the petitioners being appointed following the due procedure of law for working as Siksha Mitra, Community Teachers and since such appointments, the petitioners are continuously sincerely efficiently and honestly discharging their duty of imparting education in the Government Primary Schools under the direct control and supervision of the concerned Government Education Department officials; (iii) Further prays for issuance of appropriate writ, order, direction commanding upon the concerned respondents to grant a substantive pay scale to the petitioners in consonance to the pay scale of the permanent teachers of the Government Primary Schools on the principles of "Equal Pay for Equal Work" and the respondents may be further directed to pay dearness allowance to the petitioners in accordance with the concerned Government Resolutions, Orders, Circulars, Notifications issued in pursuance of the recommendations of the pay revision, fitment committee prescribed and being given to the permanent primary teachers working in the Government Primary Schools; (iv) For issuance of writ, order, direction the commanding upon concerned respondents to introduce a social security scheme for the petitioners by way of opening their Provident Fund Accounts in consonance with the concerned legislations Government Resolution, Notification, Order, Circular, as may be applicable in the case of the petitioners and in consonance to such social security schemes already applicable and implemented in the case of the permanent teachers working in the Government Primary Schools; 2. During course of the arguments, learned counsel for the petitioners confines his arguments on prayer No. (iii) and submits that at least, the petitioners should get the minimum pay-scale of a permanent employee as they are regular in their services and so far as the case of absorption is concerned, since the matter is pending before the Hon’ble Apex Court, he does not press the said prayer at this stage with liberty to raise 2026:JHHC:11203 6 his grievances in future, if so advised. 3. Learned counsel for the respondent-State submits that there is no specific prayer with regard to minimum pay. 4. However, on a bare perusal of prayer No. (iii) it appears that the petitioners have demanded ‘equal pay for equal work’ at par with government teachers. 5. Having heard the submissions of the parties, the interest of justice would suffice by directing the concerned respondents to pass appropriate order with regard to prayer No. (iii). 6. Accordingly, the instant writ application stands disposed of by directing the petitioners to approach the respondent No. 3 with a detailed representation(s) for payment of ‘equal pay for equal work’ along with all supporting documents and judgments. The moment petitioners file such representation(s) before the concerned respondents, the same shall be considered in accordance with applicable rules and regulations coupled with the latest judgments and orders passed by the Hon’ble Apex Court in this regard. The entire exercise shall be completed within a period of 16 weeks from the date of receipt of such representation(s). (Deepak Roshan, J.) 16th April, 2026 Kunal/- Uploaded on 04.05.2026