The High Court
Case Details
2025:JHHC:35361 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.6634 of 2025 ------ 1. Meera Devi, wife of Nand Kishore Yadav, resident of Village Mohani, P.O. + P.S. Godda, District Godda, Jharkhand. 2. Brahmadeo Sah, son of late Suryanarayan Sah, resident of Village + P.O. Balbadda, P.S. Meharma, District Godda, Jharkhand. 3. Jaikant Yadav, son of late Garbhu Prasad Yadav, resident of Village Kamalchak, P.O. + P.S. Meharma, District Godda, Jharkhand. 4. Subodh Kumar Mandal, son of Har Narayan Mandal, resident of Village Guljarbagh, Godda, P.O. + P.S. + District Godda, Jharkhand. 5. Nilu Kumari, daughter of Manilal Yadav, wife of Rasadev Marik, resident of Village Bhatadiha, Godda, P.O. + P.S. + District Godda, Jharkhand. 6. Nageshwar Prasad Singh, son of late Shivpujan Prasad Singh, resident of Village Mahagama, Godda, P.O. + P.S. Mahagama, District Godda, Jharkhand. 7. Sashikala Devi, daughter of Surnarayan Yadav, resident of Village Karhariya, Godda, P.O. + P.S. + District Godda, Jharkhand. 8. Ashok Kumar Singh, son of late Atmaram Singh, resident of Police Line, Borio, P.O. + P.S. Borio, District Sahibganj, Jharkhand. 9. Kiran Kumari, wife of Bhuneshwar Yadav, resident of Village Ratanpur, P.O. + P.S. Porihiyahat, District Godda, Jharkhand. 10. Ram Dulari Devi, wife of late Karun Krishna Sah, resident of Village Jarmundi, P.O. + P.S. Jarmundi, District Dumka, Jharkhand. 11. Rajendra Prasad Sah, son of Balram Sah, resident of Village Putlidawar, P.O. Bishanpur, P.S. Jarmundi, District Dumka, Jharkhand. 12. Byomkesh Khan, son of late Bisheshwar Khan, resident of Village Laikapur, P.O. + P.S. Jamtara, District Jamtara, Jharkhand. 13. Suryu Murmu, son of Munsi Murmu, resident of Village Banwara, P.O. + P.S. Jarmundi, District Dumka, Jharkhand. 14. Aditya Nath Jha, son of late Ghritnandan Jha, resident of Village Rampur, P.O. + P.S. Mohanpur, District Deoghar, Jharkhand. 15. Ramnath Singh, son of Rajo Singh, resident of Village Dangalpara, P.O. + P.S. Dumka, District Dumka, Jharkhand. 16. Shiv Dulari Kumari, wife of late Nirmal Kumar Choudhary, resident of Near Ashram School, Dumka, P.O. + P.S. Dumka, District Dumka, Jharkhand. 17. Robabel Hembrom, daughter of Mathura Hembrom, wife of resident of village Murgabang, P.O. Benjamin Murmu, Nischintepur, P.S. Jama, District Dumka, Jharkhand. 18. Chhemawati Devi, wife of Upendra Yadav, resident of Village Chilra, Sariyahat, P.O. + P.S. Sariyahat, District Dumka, Jharkhand. 19. Lakshmi Choudhary, wife of Manikant Jha, resident of Village Mortanga Road, Dangalpara, P.O. + P.S. + District Dumka, 1 2025:JHHC:35361 Jharkhand. 20. Ram Dulari Devi, wife of Ramdeo Sah, resident of Village Ghat Rasikpur, P.O. + P.S. Dumka, District Dumka, Jharkhand. … … Petitioners Versus 1. The State of Jharkhand, through the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 2. The Director, Primary Education, Department of School Education and Literacy, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 3. The District Superintendent of Education, Dumka, Naya Para, P.O. + P.S. + District Dumka, Jharkhand. 4. The District Superintendent of Education, Godda, P.O. + P.S. + District Godda, Jharkhand. 5. The District Superintendent of Education, Sahebganj, P.O. + P.S. + District Sahebganj, Jharkhand. 6. Accountant General, Jharkhand, P.O. + P.S. Doranda, District Ranchi, Jharkhand. … … Respondents ------
Legal Reasoning
Jharkhand, to look into this issue and if the decision of this Court in 3 2025:JHHC:35361 W.P.(S) No.2589 of 2020 (Sudhir Narayan Dwary & Ors. Vs. The State of Jharkhand & Ors.) and other Analogues cases, is in rem, he should ensure that all the similarly situated persons will get the same benefits without they being forced to approach this Court. 10. With the aforesaid directions, this writ petition stands
Arguments
CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Om Prakash, Advocate For the Respondent(s): Mrs. Richa Sanchita, Advocate Ms. Suman Roy, Advocate ------ 02/ 26.11.2025 Heard learned counsel representing the petitioners and learned counsel representing the respondents. 2. It is the case of the petitioners that the petitioners or their deceased husbands are entitled to get the notional benefit of Grade- I Pay, from the date of appointment. 3. Learned counsel representing the petitioners submits that the issue has already been set at rest by several judgments of this Court and ultimately it has been held that the clause which prohibited the retired and deceased employees to get the said benefits, has been struck down. He submits that the effect of striking down the said clause is that all the employees be they superannuated or deceased, are entitled to get the notional benefit of Grade-I Pay. He 2 2025:JHHC:35361 submits that the respondents are now extending the benefits to only those persons who are approaching this Court. He further submits that the petitioners have filed representations before the Authority concerned, but no decision has yet been taken. 4. Learned counsel representing the respondent-State submits that if the petitioners file fresh individual representation annexing the judgments of the High Court, their case will be considered. 5. Considering the aforesaid submission, I direct the petitioners to file their respective detailed representation before the District Superintendent of Education, Dumka / Sahebganj / Godda, annexing all the documents which they rely upon including the judgments passed by this Court and also the orders by which similarly situated persons have been extended the benefits by the respondents. 6. The representations must be filed within a period of four weeks. If such representations are filed, the concerned respondents will consider the case of the petitioners within six weeks thereafter. 7. If any adverse order is passed against the claim / representations of the petitioners, the reasons thereof should be communicated to the petitioners. 8. The entire process must be concluded within twelve weeks from the date of receipt of copy of this order along with the representations of the petitioners. 9. Before parting, I direct the Director, Primary Education, Department of School Education & Literacy, Government of
Decision
disposed of. 11. Let a copy of this order be sent to the Director, Primary Education, Department of School Education & Literacy, Government of Jharkhand. 26th November, 2025 Prashant.Cp-2 Uploaded on 01.12.2025 (ANANDA SEN, J.) 4