The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 334 of 2024 1. Shailendra Kumar son of Shree Ramdeo Thakur, aged about 54 yrs. Resident of village-Baramasia, PO-Dhanbad, PS-Dhansar Distt.-Dhanbad, Jharkhand- 826001. 2. Dhirendra Kumar, son of Anand Mohan Prasad, aged about 51 yrs. resident of village-Raj Nagar behind Kamal Branch Katesaria Dhanbad Public School Hirak Branch Near Mobile Tower, PO-Nag Nagar, PS- Barwadda, Distt.-Dhanbad, Jharkhand-826004. 3. Kuldip Prasad, s/o Shreechand Prasad, aged about 59 yrs., resident of village-Modidih, PO- Barotand, PS- Rajdhanwar, Distt- Giridih, Jharkhand-825412. 4. A. Damayanti, Daughter of P. Arjunan, aged about 57 yrs. Resident of Village Qtr. No. RML2-17 Sindri, PO-Sindri, PS-Baliapur, Distt- Dhanbad, Jharkhand-828122. 5. Madan Kumar Sinha son of Kamleshwar Nath Sinha aged about 59 yrs. Resident of village: New Karmik Nagar, PO- ISM Dhanbad, PS-Saraidhela, Distt-Dhanbad, Jharkhand-826004. 6.Md. Shams Tabrez, Son of Md Zohair Ansari, aged about 56 yrs. resident of village-Matkuria New Colony Wasseypur, PO-Dhanbad, PS- Bank More Dhanbad, Distt- Dhanbad, Jharkhand-826001. 7. Shaheda Anjum wife of Nooh Ahmad Rizwi, aged about 59 yrs. resident of Village Railway Flyover Bye Pass Over Bridge Aziz Nagarbhuli Bye Pass Road, PO. B. Polytechnic, PS- Bhuli, O.P.Distt.:- Dhanbad, Jharkhand-828130. 8. Sandhya Kumari, Daughter of Late Gupteshwar Singh, aged about 53 years. resident of village behind Dhaiya Flower Mill, PO-ISM Dhanbad, PS Dhanbad, Distt. Dhanbad, Jharkhand-826004. 9. Gopal Chandra Gorai, son of Sudhir Gorai, aged about 49 yrs., resident of village-Ubchuria, PO. Poddardih, PS. Nirsa, Distt.- Dhanbad, Jharkhand 828205. 10. Chandrahas Kumar, son of late Mahendra Prasad, aged about 49 yrs. resident of village-Buxidih Road, PO & PS- Giridih, Distt-Giridih, Jharkhand-815301. 11. Binod Kumar Singh, s/o late Lakshman Singh, aged about 46 yrs. resident of village- Qtr. No. 554/D, Ds Colony, PO&PS-Dhanbad, Distt. Dhanbad, Jharkhand- 826001. 12. Gyan Kumar, son of Alakh Deo Ram, aged about 47 yrs. resident of village- Rangamati, PO- Sindri, PS-Baliapur, Distt.-Dhanbad, Jharkhand- 828122. 1 13. Gopal Mistry, s/o Ganesh Mistry, aged about 54 yrs. resident of village B.B. Cottage Road New Barganda, PO & PS-Giridih, Distt.-Giridih, Jharkhand-815301 14. Hemant Kumar Pritam, son of Jagjivan Mahto, aged about 57 yrs. resident of village-Ratanpur Near Block Colony, PO & PS- Govindpur, Distt.-Dhanbad, Jharkhand-828109. 15. Naresh Ram, Son of Late Garju Ram, aged about 55 yrs., Resident Of Village-Domgarh, PO-Domgarh, PS-Sindri, Distt-Dhanbad, Jharkhand- 828107. 16. Umesh Prasad Singh, son of Baij Nath Singh, aged about 55 yrs. resident of village-Binod Nagar near Hanuman Mandir, Central School No-1, Hirapur, PO & PS-Dhanbad, Distt-Dhanbad, Jharkhand-826001 17. Chanchal Kumar Tewary, son of Late Arun Chandra Tewary, aged about 55 yrs., resident of village- Pandra via Nirsachatti, PO-Pandra, PS- Nirsa, Distt.- Dhanbad, Jharkhand-828205 18. Brajesh Kumar, son of Sheo Prasad Roy, aged about 58 years. resident of village-Asanbani, P.O.-Yadavpur, PS Barwadda, Distt.-Dhanbad, Jharkhand-826004 19. Kalawati Das, wife of Binod Kumar Thakur, aged about 59 years resident of village-Diamond House Colony, near Super Bazar, Hirapur, PO Dhanbad, PS-Dhanbad, Distt. Dhanbad, Jharkhand-826001
Legal Reasoning
20. Mishrilal Marandi, son of Bideshi Marandi, aged about 55 years. resident of village & PO-Ramakunda, PS-Topchanchi, Distt.-Dhanbad, Jharkhand-828306 21. Md. Akhtar Ansari, son of Md. Abdul Mian, aged about 52 years, resident of Village & PO-Pochari, PS-Barora, District-Dhanbad, Jharkhand-828306 22. Surendra Kumar, son of Bhola Ram, aged about 56 years, resident of village-Tundi, PO & PS- Tundi, Distt- Dhanbad, Jharkhand-828109 23. Shivnandan Prasad Swarnakar, son of Yamuna Prasad, aged about 52 years, resident of village-Rajendra Bihar Kapsara, PO-Mugma, PS-Nirsa, Distt.-Dhanbad, Jharkhand-828204 … Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, at Project Bhawan, Dhurwa, P.O.& P.S.-Dhurwa Ranchi, Jharkhand -834004 2. The Director, Primary Education, School Education & literacy Department, Govt. of Jharkhand, at Project Bhawan, Dhurwa, P.O.- Dhurwa P.S.- Dhurwa, District-Ranchi, Jharkhand-834002 3. The Regional Deputy Director of Education North Chhota Nagpur Hazaribag, P.O.& P.S-Hazaribag, District-Hazaribag, Jharkhand 2 4. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad, P.O.& P.S.-Dhanbad, District- Dhanbad, Jharkhand 5. The District Education Officer Dhanbad, P.O. & P.S.-Dhanbad, District Dhanbad, Jharkhand 6. The District Superintendent of Education (D.S.E), Dhanbad, P.O.& P.S. Dhanbad, District Dhanbad, Jharkhand ... … Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners For the Respondent-State : Mr. Sahadeo Choudhary, Advocate : Ms. Varsha Ramsisaria, AC to GP-V -------- Order No. 8 /Dated: 3rd September 2024 At the outset, learned counsel for the petitioners submits that he would be pressing only prayer nos.(ii) and (iii) of the instant writ application which are quoted herein below: “(ii) For issuance of an appropriate writ/s, direction/s or order/s directing the Respondents to consider and grant promotion to the Petitioners on Grade-IV and Grade-VII with due date of eligibility and vacancy in terms of the Jharkhand Taken Over (Elementary School Teachers Promotion) Rules, 1993 (hereinafter referred to as the Promotion Rules, 1993). (iii) The petitioners consequently upon grant of promotion to higher Grade- IV and Grade-VII with retrospective effect pray for grant of the higher pay scale of promoted post along with arrears arising thereof.” 2. Learned counsel for the petitioners submits that the issue involved in this writ application has already been decided in several
Decision
judgments and the instant writ application may be disposed of by directing the concerned respondent to allow the prayer nos. (ii) and (iii) of the writ application in view of the fact that similar issue was involved in W.P.(S) Nos. 1107 of 2018 and 1506 of 2018 and this Court has granted similar relief what has been prayed in the instant writ application. 3. Learned counsel for the respondents fairly submits that if the case of these petitioners is squarely covered by the aforesaid writ petitions and also the judgments annexed in the supplementary affidavit and is on the similar footing, then the similar benefit can be given to them. 4. Having regard to the aforesaid submission, the instant writ 3 applications, is hereby, disposed of by directing the respondent no.2 to treat this writ application as representation and pass an appropriate order with regard to the claim made in prayer nos. (ii) and (iii) of the instant writ application by going through the order passed in the aforesaid cases and judgments relied upon by the petitioner and if the case of the petitioners is found to be same and similar, then similar benefits to what have already been extended to the co-employees/similarly situated person, be extended to these petitioners also. The entire exercise shall be completed within a period of 16 weeks from the date of receipt/production of copy of this order. The petitioners would be at liberty to submit the record of the writ application to the concerned respondent for convenience. 5. The instant writ application stands disposed of. (Deepak Roshan, J.) Amit 4