Disposed

Ganesh Mandal v. the State of Jharkhand Thr the Pr Secretary School Education and Literacy Department

Jharkhand HC9 Jan 2024WPC/916/2018

Case brief

AI extract

What is this about?

Writ petition challenging a three-member committee report refusing recognition of the petitioner's service. As the core issue was sub judice in L.P.A. No. 138 of 2019 and analogous cases (arguments concluded, judgment reserved), the court disposed of the writ petition with liberty to file a representation before respondent no. 3 after the Division Bench judgment; any consequential benefits to follow within 16 weeks.

What did the court decide?

Liberty to file representation before respondent no. 3 governed by L.P.A. No. 138 of 2019 outcome; representation to be disposed of per rules and L.P.A. order; consequential benefits within 16 weeks.

Ganesh Mandal Vs the State of Jharkhand Thr the Pr… — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 916 of 2018

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Ganesh Mandal ...Petitioner

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Versus

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The State of Jharkhand, through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi

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The Principal Secretary, Education and Literacy Department, Government of Jharkhand, Ranchi

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The Director, Secondary Education, Education and Literacy Department, Government of Jharkhand, Ranchi

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The Regional Deputy Director of Education, Hazaribag

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The District Education Officer, Giridih . ...Respondents

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CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN

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-- For the Petitioner : M/s. Sanjay Kumar Pandey, Sanjit Kumar, Advocates For the Resp.-State : Mr. Suresh Kumar, S.C(L&C)-II Mr. Rajesh Kumar Singh, A.C to S.C(L&C)-II

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07/09.01.2024

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Heard learned counsel for the parties.

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The instant application has been preferred by the petitioner for quashing and setting aside the report of three men committee constituted in the light of the judgment of Hon’ble Apex Court, by which the recognition of the service of the petitioner has been refused.

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Learned counsel for the petitioner fairly submits that the issue involved in this writ application is under consideration before learned Division Bench of this Court in batch of appeals, which has been preferred by the State of Jharkhand against the respective orders passed in favour of the petitioner and the lead case is L.P.A. No. 138 of 2019 and in the said L.P.A. 138 of 2019 and analogous cases, arguments have been concluded and the judgment has been reserved vide order dated 11^th December, 2023.

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Learned counsel lastly submits that the instant application may be disposed of by giving liberty to the petitioner that if the order passed in the batch of appeals will be in favour of the petitioner, he will approach the concerned respondent along with this order and order of L.P.A and his case will be governed by the order passed in L.P.A. No. 138 of 2019 and analogous cases.

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Learned counsel for the respondents though opposed the prayer of petitioner for regularization; however he fairly admits that the main issue

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involved in this case is sub judice before the Division Bench in the case cited by the petitioner and the case may be disposed of as the case of the petitioner will be governed by the judgment which will be rendered in L.P.A. No. 138 of 2019 and analogous cases provided the facts will be similar.

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Having regard to the prayer made in the instant writ application and the submissions made by learned counsel for rival parties, the instant application is hereby disposed of by giving liberty to the petitioner that if the order passed in L.P.A. No. 138 of 2019 and analogous cases would cover his case, then he would file representation before the respondent no. 3 along with copy of order of L.P.A. No. 138 of 2019 and analogous cases and other necessary documents in respect of his claim.

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If any such representation would be filed before the concerned respondent, he will look into the matter and dispose of the same, in accordance with Rules and Regulation, especially the order passed in L.P.A. No. 138 of 2019 and analogous cases, which at present is pending before the Division Bench of this Court.

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Consequently, the instant writ application stands disposed of. It goes without saying that any consequential benefits which may arise pursuant to passing of the order in favour of the petitioner, the same will be extended to him within a period of 16 weeks from the date of receipt of representation.

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(Deepak Roshan, J.)

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Ganesh Mandal v. the State of Jharkhand Thr the Pr Secretary School Education and Literacy Department

Case brief

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Ganesh Mandal v. the State of Jharkhand Thr the Pr Secretary School Education and Literacy Department

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