The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) L.P.A. No. 430 of 2019 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District-Ranchi 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, P.O. & P.S.-Dhurwa, Town and District-Ranchi 3. The Director (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S.- Dhurwa, Town and District – Ranchi 4. The Regional Deputy Director of Education, Kolhan Division, Chaibasa, Singhbhum West, P.O. & P.S.- Chaibasa, District- Singhbhum West. 5. The District Education Officer, Singhbhum West at Chaibasa, having office at P.O. & P.S. - Chaibasa, District - Singhbhum West … … Respondents/Appellants Versus 1. Manjusha Pradhan, wife of Surya Mani Giri, Assistant Teacher, Project Girls High School, Sonua, Singhbhum West, At & P.O.- Sonua, P.S.- Sonua, District - Singhbhum West 2. Rinku Sarkar, wife of Jawaharlal Mahto, Assistant Teacher, Project Girls High School, Mosabani, Singhbhum East, At & P.O.-Mosabani, P.S.- Mosabani, District -Singhbhum East … … Writ Petitioners/Respondents With L.P.A. No. 473 of 2019 1. The State of Jharkhand through the Secretary, Human Resources Development Department, (now known as School Education and Literacy Department), having office at Telephone Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi 2. The Director (Secondary Education), Human Resources Development Department (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, Dhurwa, P.O. & P.S. - Dhurwa, Town and District - Ranchi 3. The Regional Deputy Director of Education, Santhal Pargana, Dumka, P.O. & P.S. - Dumka, District Dumka 4. The District Education Officer, Dumka, having office at P.O. & P.S.- … Respondents/Appellants Dumka, District - Dumka … Versus Rama Banerjee @ Rama Roy Choudhary, wife of Chandi Das Banerjee, an Assistant Teacher, Project Girls High School, Raneshwar, P.O. & P.S.- Raneshwar, District- Dumka, and resident of Village - Padmalaya, P.O. & P.S. - Dumka, District - Dumka … … Writ Petitioner/Respondent With L.P.A. No. 540 of 2019 1. The State of Jharkhand. 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government 2 of Jharkhand, having office at Telephone Bhawan, P.O. & P.S. – Dhurwa, Town and District – Ranchi. 3. The Director (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and District – Ranchi. 4. The District Education Officer, Singhbhum West at Chaibasa, having office at P.O. & P.S. – Chaibasa, District – Singhbhum West. … … Respondents/Appellants Versus 1. Damayanti Pingua, age about 58 years 2. Arjun Pingua, age about 26 years 3. Ankura Pingua, age about 26 years 4. Nirupa Pingua, age about 17 years all resident of village- Champila, P.O. Bada Jambani, P.S.- Kumardungi, … Writ Petitioner(s)/Respondents Dist- West Singhbhum … With L.P.A. No. 541 of 2019 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S. – Dhurwa, District – Ranchi 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, P.O. & P.S. – Dhurwa, Town and District – Ranchi 3. The Director (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and District – Ranchi 4. The Regional Deputy Director of Education, Kolhan Division, Chaibasa, having office at P.O. & P.S. – Chaibasa, District – Singhbhum West. 5. The District Education Officer, Singhbhum West at Chaibasa, having office at P.O. & P.S. – Chaibasa, District – West Singhbhum … … Respondents/Appellants Versus 1. Sarojini Mahato, Assistant Teacher wife of Chandra Shekhar Mahato, Project Girls High School, Sonua, resident of Village – Sonua, P.O. & P.S. – Sonua, District – Singhbhum West 2. Sandhya Rani Mahato, Assistant Teacher wife of Lal Sahab Mahato, Project Girls High School, Sonua, resident of Village – Sonua, P.O. & P.S. – Sonua, District – Singhbhum West. 3. (a) Somnath Pradhan (b) Sneha Pradhan (c) Kumar Saurabh … … Writ Petitioner(s)/Respondents With L.P.A. No. 592 of 2019 1. The State of Jharkhand through the Secretary, Human Resources Development Department (now known as School Education and Literacy Department), having office at Telephone Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 2. The Director (Secondary Education), Human Resources Development Department (now known as School Education and Literacy Department), 3 Government of Jharkhand, having office at Telephone Bhawan, HEC, Dhurwa, P.O. & P.S. - Dhurwa, Town and District - Ranchi. 3. The Regional Deputy Director of Education, North Chhotanagpur Division, Hazaribagh, P.O. & P.S. - Hazaribagh, District- Hazaribagh. 4. The District Education Officer, Hazaribagh, having office at P.O. & P.S. - Hazaribagh, District- Hazaribagh … Respondents/Appellants Shashi Kant Kumar Barnwal, Son of Late Basudeo Modi, an Assistant Teacher, Project Girls High School, Barkatha, P.O. & P.S.- Barkatha, District-Hazaribagh, and resident of Village-Barkatha, P.O. & P.S.- Barkatha, District-Hazaribagh. … … Writ Petitioner/Respondent … With L.P.A. No. 641 of 2019 1. The State of Jharkhand through the Principal Secretary, Human Resources Development Department (now known as School Education and Literacy Department). having office at Telephone Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 2. The Director (Secondary Education), Human Resources Development Department (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, HEC, Dhurwa, P.O. & P.S.- Dhurwa, Town and District-Ranchi. 3. The Regional Deputy Director of Education, North Chhotanagpur Division, Hazaribagh, P.O. & P.S.- Hazaribagh, District- Hazaribagh. 4. The District Education Officer, Hazaribagh, having office at P.O. & P.S.- Hazaribagh, District- Hazaribagh. … … Respondents/Appellants Versus
Legal Reasoning
Ravindra Prasad Barnwal, son of Sri Bhuneshwar Modi, resident of Village- Balkappi, P.O.- Balkappi, P.S.- Garhar, District- Hazaribagh at present an Assistant Teacher, Project Girls High School, Barkatha, P.O & P.S- Barkatha, Dist- Hazaribagh. … … Writ Petitioner/Respondent With L.P.A. No. 654 of 2019 1. The State of Jharkhand. 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, P.O. & P.S.- Dhurwa, Town and District - Ranchi. 3. The Director, (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 4. The District Education Officer, Sahebganj, having office at P.O. & P.S.- Sahebganj, District - Sahebganj. … … Respondents/Appellants Versus Shobha Kumari, wife of Ajay Kumar, Assistant Teacher, Kamla Nehru Project Girls’ High School Boriyo, P.O. & P.S. Borio, District Sahebganj. … … Writ Petitioner/Respondent With L.P.A. No. 705 of 2019 4 1. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having office at Telephone Bhawan, Dhurwa, P.O. & P.S- Dhurwa, District- Ranchi. 2. The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O & P.S- Dhurwa, Town and District- Ranchi. 3. The Regional Deputy Director of Education, Kolhan Division, Chaibasa, P.O & P.S.- Chiabasa, District- West Singbhum. 4. The District Education Officer, Jamshedpur, having office at P.O. & P.S.- Jamshedpur, District- Singhbhum East. … … Respondents/Appellants Basant Kumar Gope, son of Late Devendru Nath Gope, resident of Village- Potka, P.O & P.S.- Potka, District- East Singbhum. … … Writ Petitioner/Respondent Versus With L.P.A. No. 711 of 2019 1. The State of Jharkhand. 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, P.O. & P.S.- Dhurwa, Town and District-Ranchi. 3. The Director (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 4. The District Education Officer, Sahebganj, having office at P.O. & P.S.- Appellants/Respondents Sahebganj, District- Sahebganj.… … Shila Rani Saha wife of Prakash Chandra Saha, Assistant Teacher, Project Kamla Nehru Girl’s High School, Boriyo, P.O. & P.S.- Borio, District- … … Writ Petitioner/Respondent Sahebganj. Versus With L.P.A. No. 784 of 2019 1. The State of Jharkhand through the Principal Secretary, Human Resources Development Department (now known as School Education and Literacy Department), having office at Telephone Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 2. The Director, (Secondary Education), Human Resources Development Department (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, HEC, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 3. The Regional Deputy Director of Education, North Chhotanagpur Division, Hazaribagh, P.O. & P.S.- Hazaribagh, District- Hazaribagh. 4. The District Education Officer, Koderma, having office at P.O. & P.S.- Respondents/Appellants Koderma, District- Koderma .… … Versus Sakaldeo Barnwal, son of Late Chammal Modi, Assistant Teacher, Project Girls High School, Markachcho, P.O. & P.S.- Markachcho, District- Koderma. … … Writ Petitioner/Respondent 5 With L.P.A. No. 840 of 2019 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, having office at Project Bhawan, P.O. & P.S. - Dhurwa, Town and District- Ranchi; 2. The Secretary, School Education and Literacy Department, Government of Jharkhand, having office at Project Bhawan, P.O. & P.S. – Dhurwa, Town and District - Ranchi 3. The Director, Secondary Education, School Education and Literacy Department, having office at Project Bhawan, Dhurwa, P.O. & P.S. – Dhurwa, Town and District – Ranchi 4. The District Education Officer, Pakur, having office at P.O. & P.S. – … … Respondents/Appellants Versus Pakur, District – Pakur Punam Kumari, wife of Shree Binay Kumar Pandey, resident of Village & P.O. – Pakur, P.S. – Pakur, District Pakur … … Writ Petitioner/Respondent With L.P.A. No. 867 of 2019 1. The State of Jharkhand 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, P.O. & P.S. – Dhurwa, Town and District – Ranchi 3. The Director (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and District – Ranchi 4. The District Education Officer, Godda, having office at P.O. & P.S. – Respondents/Appellants … … Godda, District – Godda Sumati Jha, wife of Upendra Nath Jha, Assistant Teacher, Project Girls High School, Mahgama, resident of Village, P.O. & P.S. – Mahgama, District – Godda … … Writ Petitioner/Respondent Versus With L.P.A. No. 921 of 2019 1. The State of Jharkhand through the Secretary, Human Resources Development Department (now known as School Education and Literacy Department), having office at Telephone Building, Dhurwa, P.O. & P.S. Dhurwa, Town and District Ranchi 2. The Director, Secondary Education, Human Resource Development Department, Government of Bihar, having office at New Secretariat, Bailey Road, P.O. GPO, PS Secretariat, Town and District Patna (Bihar) 3. The Regional Deputy Director of Education, Kolhan Division, Chaibasa, having office at P.O. & P.S.- Chaibasa, District - Singhbhum West 4. The District Education Officer, West Singhbhum, having office at P.O. & P.S.- Chaibasa, District- West Singhbhum … … Respondents/Appellants Versus 1. Mangal Singh Hembrom, son of Sri Daya Nand Hembrom, the In-charge Headmaster of Project Girls High School, Goelkera, P.O. & P.S. - Goelkera, District - West Sighbhum, resident of Village - Kurkutia, P.O. - Tunia, & P.S.- Goelkera, District West Singhbhum 6 … … Writ Petitioner/Respondent 2. The State of Bihar through its Secretary, Human Resource Development Department, Government of Bihar, having office at New Secretariat, Bailey Road, P.O.- GPO, PS - Secretariat, Town and District- Patna (Bihar) 3. The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, Town and District Ranchi … … Performa Respondents/Respondents With L.P.A. No. 24 of 2020 1. The State of Jharkhand through the Secretary, Human Resources Development Department (now School Education and Literacy Department), having office at Telephone Bhawan, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 2. The Director, Secondary Education, Human Resources Development Department (now known as School Education and Literacy Department), having office at Telephone Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, Town and District - Ranchi. 3. The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. & P.S.- Dumka, Town and District- Dumka 4. The District Education Officer, Pakur, having office at P.O. & P.S.- Pakur, District-Pakur. … Respondents/Appellants … Versus Sulata Mandal, wife of Sri Subhash Chandra Mandal, an assistant teacher, Project Girls School, Pakhoriya, resident of village-Chaukishal, P.O. + P.S. Writ Petitioner/Respondent Pakhoriya, District-Pakur. … … With L.P.A. No. 51 of 2020 1. The State of Jharkhand 2. The Principal Secretary, Department of Human Resources Development (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Bhawan, P.O. & P.S. – Dhurwa, Town and District – Ranchi 3. The Director (Secondary Education), Department of Human Resources (now known as School Education and Literacy Department), Government of Jharkhand, having office at Telephone Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and District – Ranchi 4. The District Education Officer, Singhbhum West at Chaibasa, having office at P.O. & P.S. – Chaibasa, District – Singhbhum West … … Respondents/Appellants Versus Shailesh Kumar Hembrom, son of Late Jonda Hembrom, Retd. Assistant Teacher, Project Girls High School, Kumardungi, resident of Village – Kunkalpee, P.O. – Andhari, P.S. – Kumardungi, District – Singhbhum West … … Writ Petitioner/Respondent 1. The State of Jharkhand. With L.P.A. No. 79 of 2020 7 2. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having office at Project Building, P.O. & P.S. Dhurwa, Town and District Ranchi. 3. The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, Town and District - Ranchi. 4. The Regional Deputy Director of Education Santhal Pargana Division, Dumka, having office at P.O., P.S. & District - Dumka. 5. The District Education Officer, Dumka, having office at P.O. & P.S.- … … Respondents/Appellants Versus Dumka, District- Dumka. Arti Kumari, wife of Ravi Shankar Jha, resident of Village - Teliachak Bazar, P.O. & P.S. - Kathikund, District - Dumka. … … Writ Petitioner/Respondent With L.P.A. No. 131 of 2020 1. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having office at Telephone Bhawan , Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 2. The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, having office at Telephone Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, Town and District- Ranchi. 3. The Regional Deputy Director of Education, Division- Palamau, P.O. & P.S.- Medninagar, District- Palamau. 4. The District Education Officer, Palamau, having office at P.O. & P.S.- Respondents/Appellants Medninagar, District- Palamau .… … Versus Malti Devi, wife of Vishwanath Mahto, resident of Mohalla- Abadganj, Marchhi Bhawan, behind of S.P. Kothi, P.O. & P.S.- Medninagar, District- Palamau. --------------- CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --------------- … … Writ Petitioner/Respondent For the Appellants For the State of Bihar For the Respondents : Mr. Sachin Kumar, AAG-II : Mr. Sreenu Garapati, SC-III : Mr. Gaurav Raj, AC to AAG-II : Mr. S.P. Roy, GA (Bihar) : Mr. Diwakar Upadhyay, AC to GA : Mrs. Subha Jha, Advocate : Mr. Arbind Kumar Jha, Advocate : Mr. Ganesh Ram, Advocate : Mr. Sanjay Kumar Pandey, Advocate : Mr. Sanjit Kumar, Advocate Order No. 13/ Dated: 11th December 2023 --------------- I.A. No. 11736 of 2022 in LPA No. 541 of 2019 The appellants have filed this interlocutory application for substitution of deceased respondent no. 3 who expired during the pendency of this case. 8 2. In view of the averments made in this interlocutory application, I.A. No. 11736 of 2022 is allowed. 3. Office is directed to carry out the necessary correction in the cause- title in red ink. LPA No. 430 of 2019 and analogous cases 4. On instructions from Mr. Shivendra Kumar, Regional Joint Director of Education, Palamau Division, Mr. Sachin Kumar, the learned Additional Advocate General submits that these matters have been examined and a decision has been taken to consider their case for regularization in terms of Resolution dated 22nd November 2023, if otherwise found eligible. 5. Mr. Sachin Kumar, learned Additional Advocate General the therefore, on instructions, states that these Letters Patent Appeals may be
Decision
disposed of having been rendered infructuous. 6. The learned Additional Advocate General further submits that there are few other Letters Patent Appeals which also fall under the same category and some of the respondents therein shall also be considered for their regularization in terms of Resolution dated 22nd November 2023, if otherwise found eligible. 7. According to the learned Additional Advocate General, the following are the cases which have now become infructuous in view of the aforementioned Resolution dated 22nd November 2023 and are accordingly, dismissed as withdrawn: L.P.A. No. 430 of 2019, L.P.A. No. 473 of 2019, L.P.A. No. 540 of 2019, L.P.A. No. 541 of 2019, L.P.A. No. 592 of 2019, L.P.A. No. 641 of 2019, L.P.A. No. 654 of 2019, L.P.A. No. 705 of 2019, L.P.A. No. 711 of 2019, L.P.A. No. 784 of 2019, L.P.A. No. 840 of 2019, L.P.A. No. 867 of 2019, L.P.A. No. 921 of 2019, L.P.A. No. 24 of 2020, L.P.A. No. 51 of 2020, L.P.A. No. 79 of 2020 & L.P.A. No. 131 of 2020. Pending interlocutory applications are closed. 8. (Shree Chandrashekhar, J.) (Anubha Rawat Choudhary, J.) Pankaj-