Disposed

Smt Pravawati Kumari And Anr. v. Human Resources Department

Jharkhand HC4 Jan 2017WPC/4340/2016

Case brief

AI extract

What is this about?

Bench disposed of common writ applications by teacher project high schools applicants. Petitioners claimed salary in regular pay scale from appointment date per Takeshwar Prasad Sahu judgment. State noted active consideration but required Cabinet approval. Court directed Secretary Human Resources to take final decision within three months and pay benefits within one month if due.

What did the court decide?

Directed Secretary, Human Resources Department to take final decision on salary regularisation within three months and pay benefits within one month if due.

Smt Pravawati Kumari And Anr. Vs Human… — Pension and Retirement Benefits | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No.4012 of 2016 with W.P.(S) No.4030 of 2016 with W.P.(S) No.4031 of 2016 with W.P.(S) No.4267 of 2016 with W.P.(S) No.4340 of 2016 with

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W.P.(S) No.4563 of 2016

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Lolen Kindo, son of Dhann Singh Kindo, resident of village – Arangi,P.O & P.S. Arangi, Dist – Ranchi ….Petitioner [in W.P.(s) No. 4012 of 2016]

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Mangra Oraon son of Bachu Oraon, resident of village & Post-Omunda, P.S.Sisiae, Dist -Gumla............ Petitioner [in W.P.(s) No. 4030 of 2016]

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Mangra Bhagat, son of Dahru Bhagat, resident of villag & P.O. Nagar, P.S.Sisia Dist-Gumla........Petitioner [in W.P.(s) No. 4031 of 2016]

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Harak Lohar, son of Mona Lohar, resident of village-Raghunathpur, P.O & P.S. Paisa, Dist-Gumla …....Petitioner [in W.P.(s) No. 4267 of 2016]

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1.Smt. Pravawati Kumari, D/o Ramdarshan Sahu, resident of Jirawar, P.O & P.S.Kuju, Dist – Ranchi 2. Narayan Oraon, son of Etwa Oraon, resident of village-Dundun, P.O.Sadma, P.S.Ormanjhi, Dist- Ranchi.....Petitioners [in W.P.(s) No. 4340 of 2016]

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Fuljentia Lakra, W/o Johan Lakra, resident of Noadih, P.O & P.S.Dumri, Dist-Gumla..............Petitioner [in W.P.(s) No. 4563 of 2016]

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Versus

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1.The State of Jharkhand 2.Secretary, Human Resources Department, Telephone Bhawan P.O & P.S. Dhurwa,Dist – Ranchi 3.Director, Secondary Education, Human Resources Department, Telephone Bhawan,P.O & P.S. Dhurwa, Dist- Ranchi 4.Regional Dy. Director of Education, South Chhotanagpur, Ranchi 5.District Education Officer, Gumla,P.O, P.S.& Dist-Gumla......Respondents [in W.P.(s) Nos.4012,4030,4031,4267 & 4563 of 2016]

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P.O, P.S. & Dist- Gumla …...............Respondents [in W.P.(s) No.4340 of 2016]

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CORAM: HON'BLE MR. JUSTICE ANANDA SEN

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For the Petitioners : Mr. Subodh Kumar Pandey, Advocate For the Respondents : M/s. Kanchan Kumari, J.C. to A.A.G & Radha Krishna Gupta, J.C to G.P.VI

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03/Dated: 4th January, 2017

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The prayer in these writ applications are similar, so they are being disposed of by a common order.

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The petitioners claim that they are entitled to get salary in regular pay scale from the initial date of appointment in the Project High School.

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Counsel for the petitioners submit that the similar issue has already been decided by the Hon'ble Court in the Case of Takeshwar Prasad Sahu & Ors vs. The State of Jharkhand & Ors , in W.P.(S) No. 3122 of 2005 vide order dated 14.10.2009 . It has been submitted that the Letters Patent Appeal arising out of the said judgment has also been dismissed vide order dated 06.09.2011, and thereafter, consequential office order has been issued, by the Director Secondary Education, Jharkhand, in respect of those persons giving them the benefit. The petitioners submit that, since the petitioners are also appointed in the Project High School, they are also entitled to get the same benefit as that of the teachers, whose cases were decided vide W.P.(S) No. 3122 of 2005.

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On 13.01.2016, in W.P.(S) No. 4884 of 2011, a direction was given to the State, to come out with their stand, pursuant to the judgment passed in the

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case of Takeshwar Prasad Sahu & Ors (Supra).

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An affidavit has been filed in W.P.S. No. 1429 of 2015 by the Director Secondary Education, sworn on 11.07.2016, wherein, in paragraphs no. 16 and

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17, following has been submitted;

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“16. That there are still many teachers of Project Schools of 1981-82 phase including petitioner who are getting there salary in regular pay scale from 01.04.1986.

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17. The State Government is actively considering to take a decision with regard to payment of salary in regular pay scale to the teachers of Project Schools of 1981-82 phase from their date of joining or 01.01.1982 which ever is later. Status of payment of salary of such teachers has been called for from respective District Education Officer. Since the number of such teachers is large, hence consent of Finance Department and approval of Cabinet of Ministers has to be taken. Who are still getting their salary in regular pay scale from 01.04.1986 instead of their initial date of joining or 01.01.1982.”

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From perusal of the said statement, it is clear that the government is actively considering and is yet to take decision with regard to payment of

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salary in regular pay scale to the teachers of the Project High Schools of 198182 phase from their date of joining or from 01.01.82, whichever is later.

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It is also apparent that, there being large number of teachers, in the same category, consent of Finance Department and approval of Cabinet has to be taken. Since, the State is actively considering the case of the petitioners, I dispose of these writ applications, directing the Secretary Department of Human Resources, Government of Jharkhand, to take a final decision, in respect of payment of salary, in the regular pay scale to the petitioners, keeping in view the judgment passed in the case of Takeshwar Prasad Sahu & Ors (Supra). The said decision should be taken within a period of three months from the date of receipt of a copy of this order. Pursuant to such decision, if any monetary benefit is to be extended to these petitioners, the same should be paid within a period of one month, thereafter.

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These writ applications stand disposed of, with the aforesaid observation and direction.

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(Ananda Sen, J.)

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Amar/nd

Smt Pravawati Kumari And Anr. v. Human Resources Department

Case brief

What is this about?

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Smt Pravawati Kumari And Anr. v. Human Resources Department

Case brief

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