Usha Yadav Vs the State of Jharkhand through the Secretary School Education and Literacy Department

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S). No. 4347 of 2020

1.	Kunj Bihari Mahto
2.	Balbhadra Prasad
3.	Pandu Rajwar
4.	Sukhi Mahto
5.	Maheshwar Gorain
6.	Awadhesh Kumar Singh
7.	Krishna Chandra Mahato
8.	Chinibas Mahato
9.	Arun Kumar
10	. Pushpawati Kumari
11	. Mini Kumari
12	. Anil Kumar Nayak
13	. Satish Kumar Mahto
14	. Kailash Mahto
15	. Mithilesh Kumar Mishra
16	. Purna Chandra Thakur
17	. Shyamal Mahato
18	. Kumud
19	. Upendra Nath Yadav
20	. Murshid Alam
21	. Pradeep Kumar Pandey
22	. Kamal Lochan Sharma ………. Petitioners Versus
1.	The State of Jharkhand
2.	The Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.
3.	The Director, Primary Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi.
4.	The Deputy Commissioner, Bokaro.
5.	The District Superintendent of Education, Bokaro.
6.	The Accountant General (A&E), Jharkhand, Ranchi. ………. Respondents. with
	W.P.(S). No. 450 of 2021
1.	------- Usha Yadav
2.	Nutan Rana
3.	Gayatri Jajware ………. Petitioners
	Versus
1.	The State of Jharkhand through the Secretary, School Education and
	Literacy Department, Govt. of Jharkhand, Ranchi.

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2

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

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The Deputy Commissioner, Deoghar.

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The Deputy Director Regional Education, Dumka.

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The District Superintendent Officer, Deoghar.

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The Secretary, Jharkhand Public Service Commission, Ranchi.

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………. Respondents

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with

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W.P.(S). No. 545 of 2021

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1. Kaushal Kumar Singh
2. Dilip Kumar
3. Ratna Sharma
4. Sudha Sharma
5. Indu Kumari
6. Madhu Kumari
7. Kumari Kiran
8. Renu Kumari
9. Pramila Kumari Mehta
10. Archana Kumari
11. Punam Prasad
12. Pramila Kumari
13. Amita Pandey
14. Basanti Pandey
15. Vibha Rani Mallik
16. Kanti Kumari
17. Sarita Kumari
18. Arvind Kumar
19. Ravindra Kumar
20. Saroj Kumari
21. Kiran Kumari
22. Gulam Jilani
23. Nagina Kumari
24. Leela Kumari
25. Shambhu Sharan Sharma
26. Vishnu Prasad Yadav
27. Navlesh Kumar
28. Vivekanand Shandilya
29. Ram Sagar Prasad
………. Petitioners Versus

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The State of Jharkhand

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

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The Director, Primary Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi.

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The Deputy Commissioner, Koderma.

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The District Superintendent of Education, Koderma

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3

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6.	The Accountant General (A&E), Jharkhand, Ranchi.. ………. with W.P.(S). No. 961 of 2021	Respondents
1.	------- Kishori Lal @ Kishori Lal Mahto
2.	Mohammand Unis Ansari
3.	Dayanand Jha ………. Versus	Petitioners
1.	The State of Jharkhand through the Secretary, School Literacy Department, Govt. of Jharkhand, Ranchi.	Education and
2.	The Director, Primary Education Directorate, School Literacy Department, Govt. of Jharkhand, Ranchi.	Education and
3.	The Deputy Commissioner, Ranchi.
4.	The Deputy Director Regional Education, Ranchi.
5.	The District Superintendent Officer, Ranchi.
6.	The Secretary, Jharkhand Public Service Commission ………. with W.P.(S). No. 963 of 2021	, Ranchi. Respondents
1.	------- Suralen Purty
2. 3.	Shanti Prafulla Toppo Chonhen Lakra ………. Versus	Petitioners
1.	The State of Jharkhand through the Secretary, School Literacy Department, Govt. of Jharkhand, Ranchi.	Education and
2.	The Director, Primary Education Directorate, School Literacy Department, Govt. of Jharkhand, Ranchi.	Education and
3.	The Deputy Commissioner, Ranchi.
4.	The Deputy Director Regional Education, Ranchi.
5.	The District Superintendent Officer, Ranchi.
6.	The Secretary, Jharkhand Public Service Commission ………. with W.P.(S). No. 968 of 2021	, Ranchi. Respondents
	-------
1.	Balkrishna Mahto
2	Arbind Kumar Lal
. 3.	Lalit Kumar
4.	Kuldeep Mahto ………. Versus	Petitioners
1.	The State of Jharkhand through the Secretary, School	Education and

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4

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Literacy Department, Govt. of Jharkhand, Ranchi.

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

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The Deputy Commissioner, Ranchi.

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The Deputy Director Regional Education, Dumka.

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The District Superintendent Officer, Ranchi.

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The Secretary, Jharkhand Public Service Commission, Ranchi.

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………. Respondents

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with

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W.P.(S). No. 1079 of 2021

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Abha Aruna Toppo

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Sylvester Kerketta

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Suhati Kullu

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Pramod Kumar Baa

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Jayprabha Beck

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Hiramani Bilung

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Basanti Kindo

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Prabha Kumari Kerketta

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Celestina Dundung 10.Raj Kishor Prasad 11.Sarita Bakhla 12.Deepmati Kumari 13.Cresencia Kerketta 14.Rilam Kandulna 15.Sujata Kumari 16.Bilung Jacinta 17.Ajeet Lakra 18.Sebastiana Tete 19.Prabha Pramudit Bara 20.Nomi Julita Topno

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………. Petitioners

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Versus

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The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

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

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The Deputy Commissioner, Simdega.

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The Deputy Director Regional Education, Ranchi.

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The District Superintendent Officer, Simdega.

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The Secretary, Jharkhand Public Service Commission, Ranchi.

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………. Respondents

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with

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W.P.(S). No. 1851 of 2021

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Prem Prasad Rana

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Ashok Kumar Thakur

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5

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Sujata Sen Roy 4. Naushaba Shaheen 5. Ruby Verma 6. Syed Manzar Hassan 7. Sunita Kumari ………. Petitioners

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Versus

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The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

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

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The Deputy Commissioner, Hazaribagh. 4. The Deputy Commissioner, Chatra. 5. The District Superintendent of Education, Hazaribagh. 6. The District Superintendent of Education, Chatra. 7. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents

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with

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W.P.(S). No. 1121 of 2021 -------

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Manjit Lal Yadav 2. Kiran Tirkey 3. Fulmani Kumari ………. Petitioners

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Versus

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The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

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

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The Deputy Commissioner, Gumla. 4. The Deputy Director Regional Education, Ranchi. 5. The District Superintendent Officer, Gumla. 6. The Secretary, Jharkhand Public Service Commission, Ranchi. ………. Respondents

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with

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W.P.(S). No. 1084 of 2021

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Shanti Priya Ekka 2. Grace Mary Sushma Tirkey 3. Emerencia Ekka 4. Neelamani Minj 5. Sunita Tirkey 6. Alwin Kerketta 7. Soshan Minj 8. Budhmaniya Kumari Khess 9. Kiran Kumari

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………. Petitioners

Versus

The State of Jharkhand through the Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

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

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The Deputy Commissioner, Gumla.

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The Deputy Director Regional Education, Ranchi.

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The District Superintendent Officer, Gumla.

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The Secretary, Jharkhand Public Service Commission, Ranchi.

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………. Respondents

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----------

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CORAM: HON'BLE DR. JUSTICE S.N.PATHAK

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For the Petitioners	- :	---------- Mr. L.C.N. Shahedeo, Advocate Mr. Samir Kr. Lall, Advocate
For the State	:	Mr. Shubham Gautam, AC to AAG-V Mr. Ashish Kumar, AC to SC
For the A.G.	:	Mr. Rupesh Singh, Advocate Mr. Amit Kr. Verma, Advocate
For the JPSC	:	Mr. Pravin Kr. Pandey, Advocate Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate ----------

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08/ 02.01.2024 Heard the parties.

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2. The issues involved in all these writ petitions are identical and as such, they have been tagged together and are being disposed of by this common order.

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3. In all these writ petitions, the petitioners have approached this Court with a common prayer for consideration of their cases under Old Pension Scheme and for deducting contribution of the salary in the head of General Provident Fund instead of Contributory Provident Fund, as has been done in the case of other similarly situated persons, who have been appointed on the basis of the same advertisement and procedure adopted by the State Govt. on the basis of recommendation of Jharkhand Public Service Commission by conducting Primary Trainee Teachers Examination, 2002-03, in view of memo No. 1125/1126 of 2002 as per Jharkhand Prarambhik Vidyalaya Niyukti Niyamabali, 2002.

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4. Mr. L.C.N. Shahedeo and Mr. Samir Kr. Lall, learned counsel appearing for the petitioners submits that the similar issue fell for consideration before this Court in W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases and this Court after hearing the parties vide its order dated 18.10.2023 , disposed of the said writ petitions directing the respondents to consider the cases of petitioners and other similarly situated persons for extending the benefits under Old Pension Scheme. Learned counsel further submits that since similar issue has already been decided by this Court, present petitioners are also entitled for the same benefits, what has been extended to the petitioners of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases .

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5. Learned counsel for the respondents does not make objection to the same and very candidly submits that since the issue involved in these batch of cases have already been decided the same benefits shall also be extended to the present petitioners what has been extended to the petitioners of

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W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases and an order to that effect shall be passed within a stipulated period of time.

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6. In view of the fair submissions made by the learned Counsel for the parties, all these writ petitions are being disposed of in terms of the order dated 18.10.2023 , passed by this Court in case of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases , the present petitioners are also entitled for the same benefits.

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7. Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/issues involved in the present writ petitions vis. a vis. factual aspects/issues involved in of W.P.(S). No. 3017 of 2021 (Dr. Hari Kishore

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Singh & Ors. Vs. State of Jharkhand & Ors.) and other analogous cases , and if the facts/issues involved in the present writ petitions are found to be similar to the aforementioned writ petitions, the same benefits may be extended to the present petitioners also, in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order.

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8. With these observations and directions, all these writ petitions stand disposed of.

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kunal/-

Usha Yadav v. the State of Jharkhand through the Secretary School Education and Literacy Department

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Usha Yadav v. the State of Jharkhand through the Secretary School Education and Literacy Department

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