Jharkhand High Court
Shahina Praween vs The State Of Jharkhand on 26 February, 2021
1 [W.P.(S) No. 2472 of 2020]
IN THE HIGH COURT OF JHARKHAND, RANCHI
----
W.P.(S) No. 2472 of 2020
----
Shahina Praween, wife of Anwar Hussain, aged about 61 years, resident of
Chistiya Mohallah, Hazaribag, PS-Sadar, PO and District-Hazaribagh
..... Petitioner
-- Versus --
1.The State of Jharkhand
2.Secretary, School Education and Literacy Department, Government of
Jharkhand, Project Building, Dhurwa, PO Dhurwa, PS Jagannathpur,
District Ranchi
3.Director, School Education and Literacy Department, Government of
Jharkhand, Project Building, Dhurwa, PO Dhurwa, PS Jagannathpur,
District Ranchi
4.District Education Officer, Hazaribagh, PO, PS and District Hazaribagh
...... Respondents
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Afaque Ahmed, Advocate
For Resp.-State :- Mr. Awnish Shekhar, Advocate
----
5/26.02.2021 Heard Mr. Afaque Ahmed, the learned counsel for the
petitioner and Mr. Awnish Shekhar, the learned counsel for the
respondent State.
2. This writ petition has been heard through Video
Conferencing in view of the guidelines of the High Court taking into
account the situation arising due to COVID-19 pandemic. None of the
parties have complained about any technical snag of audio-video and
with their consent this matter has been heard.
3. The petitioner has preferred this writ petition for direction
upon the respondents to grant revised scale benefit in favour of the
petitioner at par with the teachers working/retired from the Government
schools and pay her the consequential benefits including the revision in
pension and other benefits.
4. The petitioner was appointed as Assistant Teacher in Laxmi
Muslim Girls Middle School, Hazaribagh and has retired from her service
on 31.02.2019 on attaining the age of superannuation. The said school is
a Government aided recognized minority middle school and the teachers
working in the said school are getting their salary from the coffers of the
State Government. Besides, the teachers who have retired from the said
school have also received their admissible retiral dues from the State
Government. The Resolution dated 20.02.1990 has been issued by the
Principal Secretary cum Commissioner, Human Resources Development
Department, Government of Bihar, whereby a decision has been taken
that the recognized non-government minority primary, middle and
secondary schools, recognized Sanskrit school and Madarsa teachers,
non-teaching employees will be given pay allowances and other
monetary benefits at par with the teaching and non-teaching employees
of the State Government.
5. Mr. Afaque Ahmed, the learned counsel for the petitioner
submits that the case of the petitioner is fully covered in view of the
circular and the petitioner is entitled for 5th pay revision w.e.f. 01.04.1997
and further monetary benefits of revised scale as per the 6 th Central pay
revision w.e.f. 01.01.2006 and the consequential benefits. He submits
that others have been provided the same and the petitioner has been left
out.
6. Mr. Awnish Shekhar, the learned counsel for the respondent
State submits that the representation of the petitioner is still pending.
7. In view of the above submission of the learned counsel for
the parties, the petitioner is directed to file a fresh representation before
the respondent no.3 annexing all the credentials on which the petitioner
is relying for such relief.
8. If such representation is filed within the aforesaid period,
the respondent no.3 shall take a decision in accordance with the rules,
regulations and the guidelines, particularly, the said circular and the
judgment contained in Annexure-4 and will pass a reasoned order within
a period of eight weeks further thereafter.
9. It is needless to say and if the decision is taken in favour of
the petitioner, the benefit of the same shall be extended to the petitioner
within a period of six weeks further thereafter.
10. With the above observation and direction, the writ petition
sands disposed of.
( Sanjay Kumar Dwivedi, J)
SI/
