Pushpa Kumari … v. 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4969 of 2022 With W.P.(S) No. 4249 of 2022 With W.P.(S) No. 4706 of 2022 With W.P.(S) No. 4709 of 2022 With W.P.(S) No. 4749 of 2022 With W.P.(S) No. 4750 of 2022 With W.P.(S) No. 4753 of 2022 With W.P.(S) No. 4906 of 2022 With W.P.(S) No. 5678 of 2022 In W.P.(S) No. 4969 of 2022 Pushpa Kumari … … Petitioner Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Koderma 6. District Superintendent of Education, Koderma … … Respondents In W.P.(S) No. 4249 of 2022 1. Sanjay Dubey 2. Kamaleshwar Shukla 3. Dhananjay Kumar Pandey 4. Shashikala Horo 5. Nutan Rashmi Horo … … Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Khunti 6. District Superintendent of Education, Khunti … … Respondents In W.P.(S) No. 4706 of 2022 1. Anand Kumar Dubey RC 1 2. Deepa Chaudhary 3. Anupma Lakra … … Petitioners Versus 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Lohardaga 6. District Superintendent of Education, Lohardaga … … Respondents In W.P.(S) No. 4709 of 2022 1. Suresh Kumar Mahto 2. Umesh Kumar Nand 3. Kalyani Kumari 4. Prabha Topno 5. Sitamani toppo 6. Bansidhar Prasad 7. Ashok Kumar Mahto 8. Santosh Kumar 9. Shoshodhar Prasad … … Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Ranchi 6. District Superintendent of Education, Ranchi 7. District Superintendent of Education, Seraikela -Kharsawan 8. District Superintendent of Education, Gumla 9. District Superintendent of Education, Khunti. In W.P.(S) No. 4749 of 2022 Mustafa Rizvi … … Respondents … … Petitioner Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Palamau 6. District Superintendent of Education, Giridih … … Respondents RC 2 In W.P.(S) No. 4750 of 2022 1. Md. Zafrul Haque 2. Basant Kumar 3. Md. Sarwar Alam 4. Pankaj Kumar Verma 5. Birendra Bahadur Azad 6. Gopal Mandal 7. Umesh Prasad Choudhary 8. Goutam Prasad Mandal … … Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Giridih 6. District Superintendent of Education, Giridih In W.P.(S) No. 4753 of 2022 Agindra Ram … … Respondents … … Petitioner Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Palamau 6. District Superintendent of Education, Palamau … … Respondents In W.P.(S) No. 4906 of 2022 1. Lal Chand Rajak 2. Renuka 3. Namita Kumari 4. Renu Kumari 5. Lakshman Choudhary 6. Sudha Kumari 7. Sangeeta Kumari … … Petitioners Versus 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 2. Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. Principal Secretary, Department of Finance, Government of Jharkhand, Dhurwa, Ranchi 4. Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi 5. District Education Officer, Bokaro RC 3 6. District Superintendent of Education, Bokaro In W.P.(S) No. 5678 of 2022 Geeta Kumari Sinha … … Respondents … … Petitioners Versus 1. State of Jharkhand the Secretary, Secondary Education, Department of School & Literacy, having its office at Project Bhawan, Dhurwa, Ranchi. through 2. The Secretary, Secondary Education, Department of School & Literacy, Project Bhawan, Dhurwa, Ranchi. 3. The Principal Secretary, Department of Planning and Finance, Project Bhawan, Dhurwa, Ranchi 4. The Director, Secondary Education, Department of School and Literacy, Project Bhawan, Dhurwa, Ranchi 5. The Deputy Commissioner, Giridih 6. District Education Officer, Giridih. … … Respondents CORAM: HON'BLE DR. JUSTICE S. N. PATHAK
Legal Reasoning
For the Petitioners : Mr. Arpan Mishra, Advocate For the State : Mr. Vishal Kumar Rai, AC to GA-IV [In W.P.(S) No. 4969/2022 and 4753/2022] Ms. Divya, AC to SC-III [In W.P.(S) No. 4706/2022] Mr. Anil Kumar Singh, AC to GP-I [In W.P.(S) No. 4750/2022] Mr. Ajit Kumar, AC to GA-V [In W.P.(S) No. 4749/2022] Mr. Mihir Kumar Ekka, AC to SC-I [In W.P.(S) No. 4906/2022] 10/10.06.2024 Heard the parties. 2. 3. 4. 5. The issues involved in all these writ petitions are same, similar and identical and as such they have been taken up together and are being
Decision
disposed of by same order. At the very outset, Mr. Vishal Kumar Rai, learned counsel appearing on behalf of the State submits that counter affidavit and supplementary counter affidavit have already been filed in W.P.(S) No. 4969 of 2022. Drawing attention towards paragraphs-5 to 8 of the supplementary counter affidavit dated 25.04.2024, learned counsel submits that all these writ petitions may be disposed of in view thereof. Mr. Arpan Mishra, learned counsel submits that till date individual orders have not been passed. From perusal of paragraphs-5 to 8 of the supplementary counter affidavit dated 25.04.2024 filed in W.P.(S) No. 4969 of 2022, it appears that grievances of the petitioners have already been redressed though individual orders have not been issued. Para-5 to 8 of the said supplementary affidavit reads as under: “5. That claim of the petitioner was placed in the meeting of District Education Establishment Committee (Secondary) held RC 4 That on dated 26.09.2023 and as per the decision of the Committee service of the petitioner was confirmed and thereafter the required documents along with service book of the petitioner was forwarded to the Director, Secondary Education, Jharkhand, Ranchi vide Letter No. 1990, dated 26.09.2023 for regularization and counting the earlier service of the petitioner rendered in Government Elementary school and also for pay protection. 6. the Directorate of Secondary Education, Jharkhand, Ranchi has informed vide Letter No. 1065, dated 04.04.2024 mentioning therein that the earlier service rendered as Matric Trained Teacher for the period 26.06.2000 to 24.07.2019 has been counted for regularization of her service and also granted pay protection thereof. 7. That arrear of difference of pay of the petitioner has been calculated which accrued for a sum of Rs.11,16,577/- and permission for payment from the available funds, has been sought from the Director, Secondary Education, Jharkhand, Ranchi vide Letter No. 691, dated 18.04.2024. That the claim of the petitioner for pay protection, 8. confirmation and regularization of service has already been redressed, hence, present writ petition has been infructuous.” 6. 7. Since issues involved in all these writ petitions are same and similar, counter affidavit is accepted in all these writ petitions and no separate counter affidavit is required in other writ petitions. In view of facts and circumstances discussed hereinabove, these writ petitions stand disposed of. However, if any other grievances remained to be adjudicated, it is open for the petitioners to file fresh representations before th e concerned authority who, in turn, shall consider the same and shall pass appropriate reasoned order within a period of eight weeks from the date of receipt/ production of such representation along with a copy of this order. It is made clear, if petitioners are found entitled for the consequential benefits, the same shall be extended to them within a period of twelve weeks from the date of receipt/ production of the same. If any adverse order is passed, the same shall also be communicated to the petitioners within a period of four weeks. 8. The writ petitions stand disposed of. (Dr. S.N. Pathak, J.) RC 5