Disposed

Kirani Oraon And Ors. v. The State Of Jharkhand And Ors.

Jharkhand HC5 Jan 2023WPC/1940/2017

Case brief

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What is this about?

Single judge of the Jharkhand High Court directed the Establishment Committee to reconsider promotion cases of teachers whose degrees from Hindi Vidyapith, Deoghar were previously deemed invalid but later upheld by this Court as valid for degrees issued before 26.2.2015.

What did the court decide?

Petitioners' case to be placed before Establishment Committee for reconsideration regarding promotion eligibility based on valid pre-2015 degrees; decision to be passed within twelve weeks.

Kirani Oraon And Ors. Vs The State Of… — Pension and Retirement Benefits | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 1940 of 2017

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Kirani Oraon

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Bhagatu Nagesia

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Krishna Deo Bhagat

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Shankar Kumar Pandit

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Soma Nagesia

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Sushil Baraik

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Jasinta Kujur

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Dayawanti Nagesia

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Vijay Khalkho

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Ursula Ekka

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Fuldeo Khalkho

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Kamil Nagesia

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Ram Sahay Oraon

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Chhotan Oraon

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Surendra Paswan

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Muneshwar Nagesia

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Vijay Kumar Nagesia

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Raj Narayan Ram

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Raghu Nath Ram

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Siril Toppo

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Dharmdas Daya Kujur

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Rahis Ahmed

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Shila Gridha … Petitioners.

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-Versus-

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The State of Jharkhand

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The Secretary, Personnel, Administrative Reforms and Raj Bhasha Department, Govt. of Jharkhand, Dhurwa, Ranchi.

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The Deputy Secretary, Personnel, Administrative Reforms and Raj Bhasha Department, Govt. of Jharkhand, Dhurwa, Ranchi.

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The Secretary, School Education and Literacy Department, Govt. of Jharkhand, Dhurwa, Ranchi.

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The Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

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The Deputy Commissioner, Letehar

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The District Superintendent of Education, Latehar.

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The Hindi Vidyapith Deoghar, through its Registrar … Respondents.

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN .

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For the petitioner(s): M/s. Amit Kr. Tiwari and Nidhi Rani, Advocates. For the respondents: Ms. Shivani Kapoor, AC to SC-II.

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10/05.01.2023: The issue, involved in this writ petition, lies in a very narrow compass.

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The petitioners are teacher in Elementary Schools of Jharkhand. It is their case that gradation list has been prepared, in which, their juniors have been promoted to the next grade, but they have been left out on the ground that they have obtained degree from the Hindi Vidyapith, Deoghar, which was declared to be invalid.

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Counsel for the petitioners submits that a Division Bench of this Court has held that the degrees issued by the Hindi Vidyapith, Deoghar till 26.2.2015 are

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valid. Only the candidate who has obtained any degree after 26.2.2015 from the said institution, will not get any benefit of the said degree. It is the case of the petitioners that the petitioners have obtained his degree prior to 26.2.2015 thus are entitled for all benefits. He further adds that the case of the petitioners needs to be re-considered and they may be promoted from the date when their juniors have been promoted.

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Counsel for the State does not dispute the aforesaid fact. He admits that only on the ground that the petitioners have obtained their degree from Hindi Vidyapith, Deoghar, they have not been considered for promotion, in view of the decision taken by the State, but now the Hon'ble Division Bench of this Court has held that the degree issued by Hindi Vidyapith, Deoghar prior to 26.2.2015 is a valid degree.

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Considering the submissions of the counsel for the parties, I am of the opinion that the case of the petitioners needs to be re-considered. Thus, I direct the Deputy Commissioner, Latehar to place the case of the petitioners before the Establishment Committee, who will consider the case of the petitioners considering the judgment passed by this Court in WPC No. 3115 of 2015 along with its analogous cases, and thereafter pass a reasoned order. If the Committee passes any order in favour of the petitioners considering their degree to be valid, they should be promoted from the date when their immediate juniors have been promoted.

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The entire process should be concluded within a period of twelve weeks from the date of receipt of a copy of this order. 7. Accordingly, this petition stands disposed of .

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(ANANDA SEN, J.)

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Anu/- CP2.

Kirani Oraon And Ors. v. The State Of Jharkhand And Ors.

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Kirani Oraon And Ors. v. The State Of Jharkhand And Ors.

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