The State of Jharkhand through the Secretary, School Education and v. Literacy Department, Govt. of Jharkhand, Ranchi
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4347 of 2020 ---------- 1. Kunj Bihari Mahto 2. Balbhadra Prasad 3. Pandu Rajwar 4. Sukhi Mahto 5. Maheshwar Gorain 6. Awadhesh Kumar Singh 7. Krishna Chandra Mahato 8. Chinibas Mahato 9. Arun Kumar 10. Pushpawati Kumari 11. Mini Kumari 12. Anil Kumar Nayak 13. Satish Kumar Mahto 14. Kailash Mahto 15. Mithilesh Kumar Mishra 16. Purna Chandra Thakur 17. Shyamal Mahato 18. Kumud 19. Upendra Nath Yadav 20. Murshid Alam 21. Pradeep Kumar Pandey 22. Kamal Lochan Sharma ………. Petitioners Versus 1. The State of Jharkhand 2. The Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Director, Primary Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi. 4. The Deputy Commissioner, Bokaro. 5. The District Superintendent of Education, Bokaro. 6. The Accountant General (A&E), Jharkhand, Ranchi. ………. Respondents. with W.P.(S). No. 450 of 2021 ------- 1. Usha Yadav 2. Nutan Rana 3. Gayatri Jajware 1. The State of Jharkhand through the Secretary, School Education and Versus Literacy Department, Govt. of Jharkhand, Ranchi. ………. Petitioners 2 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Deoghar. 4. The Deputy Director Regional Education, Dumka. 5. The District Superintendent Officer, Deoghar. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 545 of 2021 ------- 1. Kaushal Kumar Singh 2. Dilip Kumar 3. Ratna Sharma 4. Sudha Sharma 5. Indu Kumari 6. Madhu Kumari 7. Kumari Kiran 8. Renu Kumari 9. Pramila Kumari Mehta 10. Archana Kumari 11. Punam Prasad 12. Pramila Kumari 13. Amita Pandey 14. Basanti Pandey 15. Vibha Rani Mallik 16. Kanti Kumari 17. Sarita Kumari 18. Arvind Kumar 19. Ravindra Kumar 20. Saroj Kumari 21. Kiran Kumari 22. Gulam Jilani 23. Nagina Kumari 24. Leela Kumari 25. Shambhu Sharan Sharma 26. Vishnu Prasad Yadav 27. Navlesh Kumar 28. Vivekanand Shandilya 29. Ram Sagar Prasad ………. Petitioners 1. The State of Jharkhand 2. The Secretary, School Education and Literacy Department, Govt. of Versus Jharkhand, Ranchi. 3. The Director, Primary Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi. 4. The Deputy Commissioner, Koderma. 5. The District Superintendent of Education, Koderma 3 6. The Accountant General (A&E), Jharkhand, Ranchi.. ………. Respondents with W.P.(S). No. 961 of 2021 ------- 1. Kishori Lal @ Kishori Lal Mahto 2. Mohammand Unis Ansari 3. Dayanand Jha ………. Petitioners 1. The State of Jharkhand through the Secretary, School Education and Versus Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Ranchi. 4. The Deputy Director Regional Education, Ranchi. 5. The District Superintendent Officer, Ranchi. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 963 of 2021 1. Suralen Purty 2. Shanti Prafulla Toppo 3. Chonhen Lakra ------- Versus ………. Petitioners 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Ranchi. 4. The Deputy Director Regional Education, Ranchi. 5. The District Superintendent Officer, Ranchi. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 968 of 2021 1. Balkrishna Mahto 2. Arbind Kumar Lal 3. Lalit Kumar 4. Kuldeep Mahto ------- Versus ………. Petitioners 1. The State of Jharkhand through the Secretary, School Education and 4 Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Ranchi. 4. The Deputy Director Regional Education, Dumka. 5. The District Superintendent Officer, Ranchi. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 1079 of 2021 ------- 1. Abha Aruna Toppo 2. Sylvester Kerketta 3. Suhati Kullu 4. Pramod Kumar Baa 5. Jayprabha Beck 6. Hiramani Bilung 7. Basanti Kindo 8. Prabha Kumari Kerketta 9. Celestina Dundung 10. Raj Kishor Prasad 11. Sarita Bakhla 12. Deepmati Kumari 13. Cresencia Kerketta 14. Rilam Kandulna 15. Sujata Kumari 16. Bilung Jacinta 17. Ajeet Lakra 18. Sebastiana Tete 19. Prabha Pramudit Bara 20. Nomi Julita Topno ………. Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Simdega. 4. The Deputy Director Regional Education, Ranchi. 5. The District Superintendent Officer, Simdega. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 1851 of 2021 1. Prem Prasad Rana 2. Ashok Kumar Thakur ------- 5 3. Sujata Sen Roy 4. Naushaba Shaheen 5. Ruby Verma 6. Syed Manzar Hassan 7. Sunita Kumari ………. Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Hazaribagh. 4. The Deputy Commissioner, Chatra. 5. The District Superintendent of Education, Hazaribagh. 6. The District Superintendent of Education, Chatra. 7. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 1121 of 2021 1. Manjit Lal Yadav 2. Kiran Tirkey 3. Fulmani Kumari ------- Versus ………. Petitioners 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Gumla. 4. The Deputy Director Regional Education, Ranchi. 5. The District Superintendent Officer, Gumla. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents with W.P.(S). No. 1084 of 2021 ------- 1. Shanti Priya Ekka 2. Grace Mary Sushma Tirkey 3. Emerencia Ekka 4. Neelamani Minj 5. Sunita Tirkey 6. Alwin Kerketta 7. Soshan Minj 8. Budhmaniya Kumari Khess 9. Kiran Kumari 6 ………. Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education Directorate, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner, Gumla. 4. The Deputy Director Regional Education, Ranchi. 5. The District Superintendent Officer, Gumla. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ---------- ………. Respondents CORAM: HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioners For the State For the A.G. ----------- :
Legal Reasoning
Mr. L.C.N. Shahedeo, Advocate Mr. Samir Kr. Lall, Advocate Mr. Shubham Gautam, AC to AAG-V Mr. Ashish Kumar, AC to SC : Mr. Rupesh Singh, Advocate : For the JPSC : Mr. Amit Kr. Verma, Advocate Mr. Pravin Kr. Pandey, Advocate Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate 08/ 02.01.2024 Heard the parties. ---------- 2. The issues involved in all these writ petitions are identical and as such, they have been tagged together and are being disposed of by this common order. 3. In all these writ petitions, the petitioners have approached this Court with a common prayer for consideration of their cases under Old Pension Scheme and for deducting contribution of the salary in the head of General Provident Fund instead of Contributory Provident Fund, as has been done in the case of other similarly situated persons, who have been appointed on the basis of the same advertisement and procedure adopted by the State Govt. on the basis of recommendation of Jharkhand Public Service Commission by conducting Primary Trainee Teachers Examination, 2002-03, in view of memo No. 1125/1126 of 2002 as per Jharkhand Prarambhik Vidyalaya Niyukti Niyamabali, 2002. 7 4. Mr. L.C.N. Shahedeo and Mr. Samir Kr. Lall, learned counsel appearing for the petitioners submits that the similar issue fell for consideration before this Court in W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases and this Court after hearing the parties vide its order dated
Decision
18.10.2023, disposed of the said writ petitions directing the respondents to consider the cases of petitioners and other similarly situated persons for extending the benefits under Old Pension Scheme. Learned counsel further submits that since similar issue has already been decided by this Court, present petitioners are also entitled for the same benefits, what has been extended to the petitioners of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases. 5. Learned counsel for the respondents does not make objection to the same and very candidly submits that since the issue involved in these batch of cases have already been decided the same benefits shall also be extended to the present petitioners what has been extended to the petitioners of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases and an order to that effect shall be passed within a stipulated period of time. 6. In view of the fair submissions made by the learned Counsel for the parties, all these writ petitions are being disposed of in terms of the order dated 18.10.2023, passed by this Court in case of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases, the present petitioners are also entitled for the same benefits. 7. Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/issues involved in the present writ petitions vis. a vis. factual aspects/issues involved in of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore 8 Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases, and if the facts/issues involved in the present writ petitions are found to be similar to the aforementioned writ petitions, the same benefits may be extended to the present petitioners also, in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order. 8. With these observations and directions, all these writ petitions stand disposed of. kunal/- (Dr. S.N. Pathak, J.)