Disposed

Sunil Kumar v. the State of Jharkhand

Jharkhand HC22 Apr 2024WPC/369/2023

Case brief

AI extract

What is this about?

Retired +2 Lecturers selected under Advertisement No. 01/1987 sought declaration that they belong to the Subordinate Education Service with seniority, pay revision and retiral benefits, relying on Patna High Court and Supreme Court rulings. The court disposed of the writ petitions directing respondent no. 2 to examine each representation against those judgments and the State of Jharkhand's policy.

What did the court decide?

Petitioners permitted to file representations before respondent no. 2; reasoned order within two months; monetary benefits, if any, within six months.

Sunil Kumar Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P. (S) No. 564 of 2023

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Rajani Kant Tripathi, aged about 64 years, son of Late Ishwar Dutt Tripathi, resident of Gewal Bigha, P.O.-Gaya, P.S. Rampur, DistrictGaya (Bihar)

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Dinesh Kumar, aged about 61 years, son of Late Manik Prasad, resident of Manohar Lal High School, Chakulia, East Singhbhum, At present: ¼ Red Fort Apartment, D. Pathak Complex, , Mango, Dimna Road, Jamshedpur, P.O. & P.S.-Mango, District- East Singhbhum

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Sarwa Nand Chanchal, aged about 63 years, son of Late Rajnandan Chanchal, resident of: 2D/Ankita Loke Nath Complex, Station Road, Tata Nagar, P.O. and PS-Jugsalai District-East Singhbhum, PIN-02

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Ram Nandan Dwivedi, aged about 67 years, son of Late Ram Pravesh Dwivedi, resident of Anand Press Bhawan, Behind Giridih+2 High School, P.O. & P.S.- Giridih District- Giridih,

¶7

Arun Kumar, aged about 62 years, son of Late Lakshmi Prasad, resident of: Nagina Singh Road, Near Kali Manda, Giridih, P.O. & P.S.-Giridih, District-Giridih;

¶8

Sudarshan Prasad, aged about 63 years, son of Manogi Ram, resident of: Near Marwari+2 High School, Chakradharpur, P.O. & P.S- Chakradharpur, District-West Singhbhum;

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Om Prakash Mahto, aged about 62 years, son of Late Gaur Hari Mahto, resident of Ward No: 6, Marwati High School, Chakradharpur, P.O. & P.S-Chakradharpur,; District-West Singhbhum

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Jailbir Singh, aged shout 64 years, Late Ram Dip Singh, resident of Krishna Nagar, Road No. 1, Mihijam, P.O. and P.S. Mihijam, DistrictJamtara-815354

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Md. Sharif Ali, aged about 66 years, son of Late Md. Suleman, resident of Ward No.18, Chakradharpur, P.O. and P.S. Chakradharpur District-West Singhbhum 10) Basant Mahanta, aged about 60 years, son of Bhubneshwar Mahanta, Zola, resident of Gandhi Tola, Chaibasa, P.O. and P.S. Chaibasa Dist. Chaibasa

¶12

Hari Narayan Mandal, aged about 61 years, son of Late Rasik Lal Mandal, resident of: At & P.O.- Pathra, Ward No:10, P.S.- Pipra, District-Supaul (Bihar)-852131:

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Basudeo Prasad Yadav, aged about 65 years, son of Late Bandhu Prasad Yadav, resident of: S.S.L.N.T Govt.+2 High School, Telephone Exchange Road, Dhanbad, P.O. & P.S.-Dhanbad, DistrictDhanbad:

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Harideo Prasad Sah, aged about 68 years, son of Late Bisun Lal Sah, resident of: At Baliadih, P.O. Amahara, P.S.-Forbesganj, DistrictAraria (Bihar);

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Ramashraya Saw, aged about 33 years, son of Late Ayodhya Saw, resident of Village- Kosra, P.O.-Jiyanbigha, P.S.- Shekhpur, DistrictShekhpura (Bihar);

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Suchindra Kumar Jha, aged about 65 years, son of Late Sita Ram Jha, resident of At & P.O. PS: Pratapgam Shripur, Ward No:09, ViaKarjain Bazar, District-Supaul (Bihar);

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Ram Nandan Thakur, aged about 65 years, son of Late Gurusahay Thakur, resident of Village- Sihama P.O. Sihama, , P.S.- Begusarai, District - Begusari (Bihar);

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Prit Lal Mandal, aged about 68 years, son of Late Subilal Mandal, resident of: At- Chikni, P.O.-Narahia, P.S.- Lauk-hi District Madhubani; ,

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Ravindra Kumar, aged about 64 years, son of Late Ramyatan Prasad, resident of: At- Kadirganj, P.O. Netaui, P.S. Kadirganj, District- Patna-804452;

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Asit Kumar Mahto, aged about 65 years, son of Late Gaya Ram Mahto;

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Lalan Prasad Sinha, aged about 60 years, son of Shri Maheshwar Prasad Sinha;

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Both residents of S.S.L.N.T. Girls +2 High School, Telephone & P.S.Govt. Exchange Road, Dhanbad, P.O. Dhanbad, District-Dhanbad; 21) Dinesh Kumar Choudhary, aged about 64 years, son of Late Ram Prasad Choudhary, resident of: Mohalla- Jagdeo Nagar, Ara, P.O.Anaith, P.S.- Nawada, District- Bhojpur (Bihar) 802302.

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… … … … … Petitioners

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Versus

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The State Chief of Jharkhand through its Secretary; Government of Jharkhand, Project Bhawan, P.O.-Dhurwa, P.S. Jagarnathpur, DistrictRanchi;

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Principal Secretary, School Education & Literacy Department of the Government of Jharkhand, Project Bhawan, P.O.-Dhurva, P.S. Jagarnathpur, District-Ranchi:

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Principal Secretary, Finance Department of the Government of Jharkhand, Project Bhawan, P.O.-Dhurwa, P.S.- Jagarnathpur, District-Ranchi:

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Principal Secretary, Human Resources Development Department of Jharkhand, Project Bhawan, P.O.-Dhurwa, P.S. Jagarnathpur, DistrictRanchi;

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Director, Secondary Education of the Government of Jharkhand, Project Bhawan, P.O.-Dhurwa, District-Ranchi; P.S.- Jagarnathpur, District-Ranchi … … Respondents

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With

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W.P. (S) No. 369 of 2023

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Sunil Kumar, aged about 65 years, Son of Ramgya Kumar, resident of D-66 R No. 1 Ashok Nagar, P.O. Argora, P.S. Doranda, District- Ranchi (Jharkhand).

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Dr. Lalit Prasad Singh, aged about 65 years, Son of Late Sureshwar Prasad Singh, resident of Quarter no. 100/2 / 2 , Road no. 5, Adityapur-1, P.O. & P.S. Adityapur District- Saraikela-Kharsawan (Jharkhand).

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Ram Deo Tiwari, aged about 69 years, Son of Late Raghunath Tiwari, resident of Sonar Dangal, Line Par, Kudra Sthan, Chirkunda, P.O. and P.S. Chirkunda, District- Dhanbad (Jharkhand).

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Surendra Prasad Upadhyay, aged about 61 years, Son of Brindaban Upadhyay, resident of Brindaban Niwas, Ramnagri sector 1, P.O. Ashiana Nagar, P.S. Rajeev Nagar, District- Patna (Bihar). 5. Arvind Jha, aged about 65 years, Son of Late Yog Narayan Jha, resident of village lalganj, P.O. Bara, P.S. Lalganj, District- Saharsa (Bihar).

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Bimal Kumar Roy, aged about 60 years, Son of Srimohan Roy, resident of Mohalla Shivnagar, Tangratoli, P.O. Booty More, P.S. Sadar, District- Ranchi (Jharkhand).

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Subhash Chandra Jha, aged about 66 years, Son of Late Jatadhar Jha, resident of Village Goshpur,, P.O. Karjain Bazar, P.S. Karjain Bazar, District- Supual (Bihar).

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Vijay Kumar Singh, aged about 59 years, Son of Tej Narayan Singh, resident of ward no-20, Gumh, Jhumri Telaiya, P.O. & P.S. Jhumri Telaiya, District- Koderma (Jharkhand).

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Md. Enam Uddin Siddiqui, aged about 60 years, Son of Md. Amin Uddin Siddiqui, resident of Gulab Bag. Chepapul Pardih Road, P.O. & P.S. Azadnagar, District- East Singhbhum (Jharkhand).

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The State of Jharkhand.

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The Secretary, Secondary Education, School Education and Literacy Department, Government of Jharkhand, having its office at project Building, P.O and P.S Dhurwa, District-Ranchi.

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The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, having its office at project Building, P.O and P.S Dhurwa, District-Ranchi.

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… …........ Respondents

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With

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W.P. (S) No. 4438 of 2022

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Dr. Upendra Kumar, aged about 60 years, Son of Late Banshi Lal, resident of. Krishnapuri, Road no. 3, Matwari, PO & P.S. 'Sadar, Dist: Hazaribagh, Jharkhand

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Sant Kumar Yadav, aged about 61 years, son of Late Amrit Narayan Yadav, resident of: Near Panditjee Chowk, Hurhuru Road P.O. & P.S: Sadar, Dist: Házaribagh, Jharkhand;

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Sanjay Prasad, aged about 63 years, son of Late Dr. Nagendra Prasad, resident of 304, Sharan Enclave, Lake Road, Noora, P.O. & P.S: Sadar, Dist: Hazaribagh, Jharkhand;

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Dr. Sundar Jha, aged about 60 years, Son of Late Bishweshwar Jha, resident of Zila School Campus, P.O. & P.S: Sadar, Dist: Hazaribagh, Jharkhand;

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Anil Kumar Jha, aged about 64 years, son of Late Shreenath Jha, resident of: Flat No. 104, Aroma Plaza, Karori Chak, P.O & P.S: Phulwari Sharif, Dist Patna, Bihar;

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Dr. Pravin Kumar, aged about 64 years, son of Late Prahlad Ram, resident of: Jheel Tower, 6H, Near Lakshmi Petrol Pump, P.O- Hazaribag, P.S Sadar, Dist: Hazaribag, Jharkhand;

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Dr. Ram Ekbal Singh aged about 60 years, son of Suraj Nath Singh, resident of: New Rolla Hazaribag, P.O- Hazaribag, P.S: Muffasil, Dist: Hazaribag, Jharkhand;

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Dr. Rajendra Kumar Sinha, aged about 60 years, son of Late Yadunandan Prasad, resident of: New Godown, P.O- Gaya, P.S: Sadar, Dist: Gaya, Bihar,

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Lalan Mishra, aged about 61 years, son of Prabhu Nath Mishra, resident of: Airport Road, P.O & P.S: Pipalgaon, Dist: Prayagraj, Uttar Pradesh

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Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Bhawan, P.O & P.S- Dhurwa, Dist- Ranchi, Jharkhand

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The Principal Secretary, School Education and Literacy Department, P.O & PS Dhurwa, District-Ranchi, Jharkhand

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The Secretary, Finance Department, P.O & P.S Dhurwa, District- Ranchi, Jharkhand

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The Director, Secondary Education, PO & PS Dhurwa, DistrictRanchi, Jharkhand

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State of Bihar, through the Chief Secretary, Government of Bihar, P.O & P.S- Patna, Dist- Patna, Bihar

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Principal Secretary, Department of Education, Government of Bihar, PO- Patna, and PS- Secretariat, Dist- Patna, Bihar

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Accountant General, Jharkhand, Doranda, P.O & P.S- Doranda, Dist- Ranchi, Jharkhand … … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioners : Mr. A.K. Sahani, Advocate (In W.P. (S) No. 564/2023) : Mr. Shadab Bin Haque, Advocate : Mr. Ankit Apurva, Advocate : Mr. Neeraj Kumar Singh, Advocate (In W.P. (S) No. 369/2023) : Mr. Diwakar Upadhyay, Advocate (In W.P.(S) No. 4438/2022) For the Respondents : Mr. Rahul Saboo, G.P. II (In W.P. (S) No. 564/2023) Mr. Sudhanshu Kumar Singh, A.C. to S.C. III (In W.P. (S) No. 369/2023) For the State of Bihar : Mr. Ranjit Kumar, A.C. to G.A. Bihar ---

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10 /22.04.2024 Heard the learned counsels for the parties.

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2. W.P. (S) No. 564 of 2023 has been filed for the following reliefs:-

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“ That, in the instant application, petitioners pray for grant of an appropriate writ declaring that Plus Two Lecturers in the Government and Nationalised (Taken over) Secondary Schools appointed pursuant to Advertisement No: 01/1987 and selected by the Department, were always part Subordinate Education Service and they are entitled to the service benefits as well an retiral benefits as the members of the Subordinate Education Services and are also entitled to occupy higher position in the Department depending upon their inter-se seniority in the Common Seniority List; AND for issuance of a writ in the nature of Mandamus or any other writ(s)/order(s) commanding upon the respondents to fix seniority and all consequential benefits including retiral benefits within a specified period; And/or for issuance of any such Writ(s) /Order(s) /Direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and for doing conscionable justice to the Petitioner.”

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3. W.P. (S) No. 369 of 2023 has been filed for the following

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reliefs:-

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“ (a) For direction upon the respondents to grant, include and notify the petitioners under subordinate service cadre/Jharkhand Service Selection Cadre in terms of the order passed by the Hon’ble Court of India as well as Hon’ble Patna High Court in case of similarly situated lecturers who appointed through same selection process through advertisement no. 1/87

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(b) For direction upon the respondents after including the petitioners under subordinate service cadre/ Jharkhand Service Education Cadre to grant all the benefits including revision of pension.

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(c) For direction upon the State of Jharkhand to issue resolution in terms of resolution issued by the State of Bihar dated 08.12.2022 whereby the similarly situated persons who remained in erstwhile state of Bihar their posts have been merged with Bihar Education service.”

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(d) For direction upon the respondents to pay the cost of litigation along with interest in delayed payment.”

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4. W.P. (S) No. 4438 of 2022 has been filed for the following

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reliefs:-

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a. To hold and declare that in light of judgment dated 05.05.2022 rendered by the Hon'ble Supreme Court of India in Civil Appeal No. 7364 of 2014 with analogous cases in the matter of (State of Bihar Vs. Shyama Nandan Mishra), the petitioners herein being 'retired +2 Lecturers' appointed in pursuance to the government order dated 13.11.1985, and in pursuant to Advt. No. 01/87 are duly entitled for their treatment as a member of 'Jharkhand Subordinate Education Service', and thus entitled for all service benefits and consequential benefits as the members of the Jharkhand Subordinate Education service.

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And/Or

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b. To further hold and declare that after being treated as the members of the Subordinate Education Service, the petitioners herein are further entitled for their merger into 'Jharkhand Education Service Class-2', and thus entitled for all service benefits and consequential benefits in terms of policy decision taken by the State of Jharkhand in terms of Resolution No. 601/ Ranchi, dated 18.02.2019, and also in compliance of various orders passed by the Hon'ble Supreme Court of India as well as by this Hon'ble Court.

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And/Or

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c. For further issuance of an appropriate writ/order/direction in the nature of 'mandamus' commanding upon the respondents to immediately grant all the consequential benefits to the petitioners viz-a-viz pay revision, promotion with seniority, benefits of ACP/MACP, increments along with statutory as well as penal interest, after treating them to be a member of

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'Subordinate Education Service, and further the member of the Jharkhand Education Service Class-2'

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And/Or

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d. For a further direction upon the respondents to revise the post retiral benefits and pay the consequential benefits to the petitioners along with statutory as well as penal interest, upon encadrement/merger of the petitioners in the 'Subordinate Education Service', and thereupon in the member of the Jharkhand Education Service Class-2 ”

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5. Learned counsel for the petitioners has submitted that the factual background of the case is that the State of Bihar constituted a committee 1976 to address the problem of stagnation in Bihar Civil Service to consider the opportunities for promotion and the recommendation of the said committee with respect to Bihar Education Department included the integration of 59 posts in miscellaneous cadre (comprising of teachers, professors etc. who held isolated post for no definite prospect of promotion) into the Bihar Education Service. On 11.04.1977, the then Bihar Government issued regulation in line with the said recommendations upgrading 2465 sanctioned post of teachers of subordinate education service (male and female cadre) into Bihar Education Service Class-II w.e.f. 01.01.1977. With that background, the association of teachers had filed a writ petition before Hon'ble Patna High Court being CWJC No. 12122 of 1998 which was allowed vide judgment dated 2.2.2000 directing the government of Bihar to act upon the government decision contained in resolution dated 11.4.1977, against which LPA No. 65 of 2003 was dismissed and SLP No. 6450 of 2003 was also dismissed.

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6. It is further case of the petitioners that in the year 1979, the government of Bihar introduced 10+2+3 education pattern but there was no sufficient infrastructure and on 13.11.1985 the Government of Bihar sanctioned 148 posts of lecturers in subordinate education service grade for government schools

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and 264 posts for lecturer for nationalized school providing common pay scale of Rs. 940-1660 for both the cadre of lecturers and the post of +2 lecturers in government schools were specified to be in BSES Selection Grade.

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7. Pursuant to the aforesaid decisions an advertisement No. 1 of 1987 was issued initiating the process of selection for Class-I post i.e. for lecturers in subordinate service grade in +2 stream in government boys/girls school and also for class-II and classIII post of subordinate education service (education branch) for both male and female. The petitioners were applicant in the said selection process and were appointed in different schools within the State of Jharkhand. The details of which has been mentioned in paragraph 15 of W.P. (S) No. 564 of 2023 which is quoted as under: -

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Petitioners	Date of Joining	Name of Schools
Rajni Kant	02.02.1990	TNB Collegiate	School,
Tripathy		Bhagalpur transferred	to M.L.
		Rungta +2 High Chaibasa	School,
Dinesh Kumar	20.01.1990	Transferred from Go School, Purniya to Ma High School, Chakuliya	vt. High nohar Lal
Sarwan Nand	25.01.1990	Anugrah Inter	College,
Chanchal		Aurangabad to BurmaMines, Jamshedp	BPM+2 ur
Ram Nandan	29.01.1990	Giridih +2 High School	, Giridih
Dwivedi
Arun Kumar	18.01.1990	Giridih +2 High School	, Giridih
Sudarshan	30.01.1990	Marwari +2 High	school,
Prasad		Chakradharpur
Om Prakash	10.03.1989	Govt. Girls High	School,
Mahto		Dumka, Transferred to	Marwari

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		+2 High School, Chakradharpur
Jaibir Singh	09.02.1990	+2 High school, Jamui, transferred to Rajkiakrit +2 High School, Mihizam
Md. Sharif Ali	01.02.1990	Marwari High School +2, Chakradharpur
Basant Mahanta	10.03.1989	Nadia High School, Lohardaga, transferred to +2 Zila School, Cdhaibasa
Hari Narayan	07.02.1990	High School, Dalmia Nagar,
Mandal		Rohtas (Bihar); transferred to
		Rajasthan Inter School SBG Sahebganj
Basudeo Prasad	01.02.1990	Government +2 High School,
Yadav		Hirapur and transferred to Rajkiya Balika +2 High School, Dhanbad
Harideo Prasad	17.03.1989	High School Godda transferred
Sah		toRajasthan Inter School SBG Sahebganj
Ramashraya	31.03.1990	PW Inter High School, Khagaria
Saw		and transferred to JBC +2 School, Jamtara
Suchindra	01.02.1990	Lee Academy, Fobesganj and
Kumar Jha		transferred to JBC +2 School, Jamtara
Ram Nandan	05.02.1990	Model Inter School, Samastipur
Thakur		(Bihar), then Zila School,
		Chaibasa West Singhbhum on 25.08.2006
Prit Lal Mandal	05.02.1990	Govt. High School, Korha, Katihar and then to Rajkiya High school, Jamtara
Ravindra	01.02.1990	Zila School, Purniya and then

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Kumar			Govt. Khunti	High school,	Karra,
Asit	Kumar	09.03.1989	Govt.	Girls +2	School,
Mahto			Dhanb Girls +	ad, S.S.L.N.T. 2 High School, D	Govt. hanbad
Lalan	Prasad	25.01.1990	S.S.L.N	.T. Govt. Girls	+2 High
Sinha			School	, Dhanbad
Dinesh	Kumar	22.01.1990	C.H.	+2 High	School,
Choudh	ary		Jhumre	telaiya, Koderma

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8. The petitioners of W.P. (S) No. 4438 of 2022 were applicant in the said selection process and were appointed in different schools within the State of Jharkhand. The details of which has been mentioned in paragraph 15 of the writ petition which is

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quoted as under:-

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Petitioner	Subject of Joining (+2 Lecturer Selection Grade)	Date of Joining	Place of Joining	Date of Superann uation	Place Supera tion	of nnua
1.	Chemistry	19.01.1990	Nadia High School, LOhardaga	31.10.2021	Govern +2 School School Hazari Jharkh	ment High (Zila ), bag, and
2.	Physics	13.03.1989	Governme nt +2 High School (Zila School), Hazaribag	31.01.2021	Govern +2 School School Hazari	ment High (Zila ), bag
3.	Chemistry	19.01.1990	R.B. +2 High school, Bermo Bokaro	31.12.2019	Govern Girls High S Hazari Jharkh	ment +2 chool, bag, and
4.	Maithali	07.02.1990	Governme nt +2 High School (Zila	30.06.2022	Govern +2 School School	ment High (Zila ),

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			School), Hazaribag		Hazaribag, Jharkhand
5.	Maithali	01.02.1990	SNPM +2 High School, Madhepura , Bihar	30.11.2016	Government Girls +2 High School, Hazaribag, Jharkhand
6.	Ancient History	01.02.1990	P.S.S. Collegiate, Begusarai, Bihar	30.11.2018	Hindu + 2 High school, Hazaribag, Jharkhand
7.	Ancient History	27.01.1990	Governme nt Girls +2 High School, Hazaribag	31.01.2022	Government Girls High School, Hazaribag, Jharkhand
8.	Ancient History	27.01.1990	C.H. +2 High School Jhumari Tilaiya, Koderma	28.02.2022	C.H. +2 High School Jhumari Tilaiya, Koderma, Jharkhand
9.	History	15.02.1990	Inter High school, Murliganj, Madhepura , Bihar	31.01.2021	Government Girls High School, Medininagar, Jharkhand

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9. The petitioners of W.P. (S) No. 369 of 2023 were the applicant in the said selection process and were appointed for the post of lecturers in different subjects. The details of which has been mentioned in paragraph 10 of the writ petition which is quoted as under:-

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Petitione r	Name	Advertisem ent No.	Date of appointment	Subject	Retirement
1.	Sunil	1/87	17.1.1990	Chemistry	31.12.2019
	Kumar
2.	Dr. Lalit	1/87	17.1.1990	Chemistry	28.02.2018
	Prasad Singh
3.	Ram Deo	1/87	27.1.1990	Ancient	31.08.2013

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	Tiwari			History
4.	Surendra Prasad Upadhyay	1/87	23.1.1990	Ancient History	28.02.2021
5.	Arvind Jha	1/87	24.1.1990	Maithili	31.05.2019
6.	Bimal Kumar Roy	1/87	24.1.1990	Maithili	30.11.2022
7.	Subhash Chandra Jha	1/87	24.01.1990	Maithili	31.01.2016
8.	Vijay Kumar Singh	1/87	23.01.1990	Ancient History	Is going to retire on 31.10.2023
9.	Md. Enam Uddin Siddiqui	1/87	23.01.1990	Ancient History	30.06.2023

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10. It is further case of the petitioners that after the creation of State of Jharkhand writ petition being CWJC No. 18793 of 2008 was filed in Hon'ble Patna High Court by different similarly situated persons who were inducted pursuant to advertisement no. 1 of 1987 and were posted in the newly created State of Bihar and the said writ petition was decided by common judgment dated 30.4.2013 a copy of judgment has been annexed as Annexure-1 to the writ petition. The learned counsel submits that the case of the petitioners is squarely covered by the said judgment. The matter was challenged before the Hon’ble Supreme Court in Civil Appeal No. 7364 of 2014 and the Civil Appeal was dismissed vide judgment dated 05.03.2022. The learned counsel in particular has referred to paragraph 37 of the said judgment passed by the Hon’ble Supreme Court and submits that the present case is squarely covered by the judgment passed by the

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Hon’ble Supreme Court and is binding upon this Court. It is further case of the petitioners that a number of writ petitions has been filed in the present case including W.P. (S) No. 4258 of 2016 and other analogous cases in which certain decision taken by the respondents has been quashed and set aside and the matter has been remanded to the respondents for fresh consideration.

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11. Learned counsel has also submitted that further orders have been passed by this Court in W.P. (S) No. 1900 of 2021 and also in W.P. (S) No. 596 of 2023 wherein the matter has been remitted to the respondent authority for consideration of the grievance of the petitioners by referring to the judgment passed by the Hon’ble Patna High Court and Hon’ble Supreme Court. The learned counsel submits that similar order may be passed in this case and the matter be remitted to respondent no. 2 to consider the grievance and pass appropriate reasoned orders.

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12. The learned counsel appearing on behalf of the respondents has submitted that the counter affidavit has been filed in the present case opposing the prayer of the petitioners and submitted that the judgment passed by the Hon’ble Patna High Court which has been affirmed by the Hon’ble Supreme Court is based on certain policy decisions which has been taken by the State of Bihar after bifurcation. He submits that the policy of the state of Jharkhand is required to be taken into consideration and it has to be examined whether the case of the petitioners is covered by the judgments passed by the Hon’ble Patna High Court and by the Hon’ble Supreme Court. He has also submitted that if the case is squarely covered by the judgment passed by the Hon’ble Supreme Court there is no reason that the respondent will take a different view but all the points should be kept open.

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13. Learned counsel appearing on behalf of the petitioners in response has submitted that the stand taken by the respondents in the counter affidavit is misconceived and the provision of

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law which has been referred to in the counter affidavit is not applicable and a detailed rejoinder in this respect has been filed.

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14. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that different orders have been passed by this court but no adverse order with regard to the petitioners or any similarly situated persons have been placed on record by both the parties. Accordingly, this court finds that every aspect of the matter including the applicability of the judgment passed by the Hon’ble Patna High Court as well as the Hon’ble Supreme Court is required to be examined with respect to the facts of each case at the first instance by respondent no. 2 read with the applicable policy of the state of Jharkhand.

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15. Accordingly, this writ petition is disposed of enabling the petitioners to individually approach respondent no. 2 by filing detailed representation with supporting documents and upon such representation , the respondent no.2 who shall look into the grievance of the petitioners in accordance with law and also taking into consideration of the judgment passed by the Hon’ble Patna High Court which has been affirmed by the Hon’ble Supreme Court and also the policy of the State of Jharkhand including any decision/guidelines which might have been taken by the State of Jharkhand. The petitioners are directed to jointly file one set of the records of this case before the respondent no.2.

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16. The reasoned order be passed after granting an opportunity of hearing to one representative of the petitioners and upon verification of the records of each petitioner. The needful be done by respondent no. 2 within a period of two months from the date of filing of the representation. The reasoned order be communicated to the petitioners at the e-mail id to be provided by the petitioners in the representation itself.

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17. If the petitioners are found entitled to any monetary benefit out of the reasoned order, the respondents shall take appropriate

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steps so that the monetary benefit be remitted to the petitioners within a period of six months from the date of the reasoned order.

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18. These writ petitions are accordingly disposed of.

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19. Pending I.A., if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Binit

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Sunil Kumar v. the State of Jharkhand

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Sunil Kumar v. the State of Jharkhand

Case brief

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