Disposed

Vijay Singh Jarika v. State of Jharkhand And Ors.

Jharkhand HC18 Oct 2024WPC/5394/2009

Case brief

AI extract

What is this about?

This writ petition sought recognition of the petitioner's service and salary benefits as an Assistant Teacher. The High Court disposed of the matter by directing the petitioner to file a fresh representation with documents before the appropriate departmental authority. The authority was directed to consider the claim, consult officials, and issue a reasoned order within 12 weeks.

What did the court decide?

Direction to petitioner to file representation with documents; direction to Director (Secondary Education) to consider claim and pass reasoned order within 12 weeks.

Vijay Singh Jarika Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 5394 of 2009

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Vijay Singh Jarika, S/o Late Jamdar Jarika, the Assistant Teacher in Project Girls High School Lota, PO-Pandrasali, Police Station-Mufasil, Chaibasa, District-West Singhbhum and residing at Vill.-Kumar Lota, PO-Pandrasali, Police Station-Mufasil, Chaibasa, District-West Singhbhum

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... … Petitioner

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Versus

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1.The State of Jharkhand through its Secretary, Human Resources Development Department, Telephone Bhawan, Dhurwa, Ranchi

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The State of Bihar through its Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Bailey Road, PO-GPO, PS-Secretariat, Patna, (Bihar)

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The Director (Secondary Education), Human Resources Development Department, New Secretariat, Bailey Road, PO-GPO, PS-Secretariat, Patna (Bihar)

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The Director (Secondary Education), Human Resources Development Department, Telephone Bhawan, Dhurwa, Ranchi

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The Regional Deputy Director of Education, Kolhan Division, At Chaibasa

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The District Education Officer, West Singhbhum at Chaibasa

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… ... Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner	: Mrs. Shubha Jha, Advocate
	Mr. Arbind Kr. Jha, Advocate Tejaswi, Advocate
	Mr. Ganesh Ram, Advocate
	Mr. Prabhash Kumar, Advocate
	Mr. Manish Kumar, Advocate
For the State of Jharkhand	: Mr. J. F. Toppo, GA-V
For the State of Bihar	: Mr. Diwakar Upadhyay, Advocate

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Order No. 22 /Dated: 18^th October 2024

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The instant writ application has been preferred by the petitioner for the following reliefs:

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“1.That this is an application for issuance of an appropriate writ/writs, direction/directions directing the respondents to recognize/absorb the service of the petitioner on the post of the Assistant Teacher in Project Girls High School Lota, PO-Pandrasali, Police Station-Mufasil, Chaibasa,

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District-West Singhbhum, (hereinafter referred to as “the School” ) and to pay salary with all consequential benefits in light of the law laid down by the Full Bench of the Hon’ble Patna High Court rendered in Project Vidyalaya Shikshak Sangh’s Case and in view of decision given by the Apex Court in Civil Appeal No. 6626-6681 of 2001, and further to pay the regular salary in view of the Govt. letter No.-142 dated 04.02.1989, which prospective effect has been affirmed upto Apex Court and in view of the others departmental orders and letter issued in same and similar cases like the case of the petitioner. If necessary the above referred Departmental order and letter will be produced at the time of hearing of the case.”

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It has been submitted by learned counsel for the rival parties that similar issue is pending before the respondent no.4 in case of other similarly situated persons.

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Learned counsel for the respondents submits that in the interest of justice it is desirable that the petitioner should approach the respondent no.4 along with all relevant documents with regard to his claim so that he can take a decision in the matter after calling reports from respondent no.6. Learned counsel further submits that in the case of other similarly situated persons also, the same procedure is being adopted by the respondents and if the case of the petitioner will fall within the consideration zone, definitely the benefit will be extended to him.

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In reply to the aforesaid contention of the respondent-State, learned counsel representing the petitioner submits that the respondent no.4 may be directed to take a decision in the matter in the light of Government Resolution No. 3123 of 2023 dated 22.11.2023. She further submits that several similarly situated persons have been granted same benefit what has been prayed for in this writ application.

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Having regard to the limited submission made by learned counsel for the parties, the instant writ application is hereby disposed of by directing the petitioner to file a fresh representation along with all relevant documents/judgments making his claim before respondent no.4 within a period of 4 weeks.

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If any such representation/claim is made before the respondent no.4, he shall look into the matter and after consulting the other concerned officials and calling report from respondent no.6, take a

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decision in the matter by passing a reasoned and speaking order within a period of 12 weeks from the date of receipt of copy of the representation. 6. With the aforesaid direction, the instant writ application stands disposed of in the manner indicated hereinabove. 7. Pending I.As, if any, stands disposed of.

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(Deepak Roshan, J.)

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Amit

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AFR/NAFR

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Vijay Singh Jarika v. State of Jharkhand And Ors.

Case brief

What is this about?

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Vijay Singh Jarika v. State of Jharkhand And Ors.

Case brief

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What did the court decide?

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