Jharkhand High Court
Prem Kumar Thakur vs State Of Jharkhand Through The ... on 22 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 3487 of 2019
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1. Prem Kumar Thakur
2. Sanjay Kumar Ram
3. Pawan Kumar Arya
4. Yamuna Nayak
5. Surendra Prasad. ... ... ... Petitioners
Versus
1. State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi.
2. Secretary, School Education and Literacy Department, Govt. of Jharkhand,
Ranchi.
3. Director, Primary Education, School Education and Literacy Department, Govt.
of Jharkhand, Ranchi.
4. District Superintendent of Education, Chatra.
5. District Superintendent of Education, Dhanbad
6. Deputy Commissioner, Dhanbad.
... ... .... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
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For Petitioners : Mr. Nagmani Tiwari, Advocate
For Resp.-State : AC to GA
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07/ 22.11.2021 Petitioners have approached this Court with a prayer for a direction
upon the respondents particularly, respondent Nos. 5 and 6 to appoint the
petitioners as intermediate trained teachers pursuant to the notice dated 02.05.2019
in terms of order passed in LPA Nos. 175/2017, 199/2017 and 186/2017. Petitioner
has further prayed for a direction upon the respondents to keep five seats vacant
till the pendency of the present writ application.
Petitioner has further prayed for a direction upon the respondents,
particularly respondent Nos. 5 and 6 to immediately and henceforth comply the
order/judgment passed in W.P.(S). No. 19/2016 along with analogous cases and
subsequently the order passed in LPA No. 168 of 2017 for the purpose of
appointment of petitioners to the post of Intermediate Trained Teachers.
At the very outset, Mr. Nagmani Tiwari, learned counsel appearing
for the petitioners submits that the issue involved in this writ petition is now no
more res integra and this writ application is squarely covered by the
order/judgment passed in W.P.(S). No. 19/2016 along with analogous cases and
subsequently the order passed in LPA No. 168 of 2017. Further, this Court
reiterated the same view in its order dated 01.09.2021 passed in W.P.(S) No. 3364
of 2019 and further, the order dated 04.08.2021 passed in W.P.(S) No. 3349 of
2019, wherein respondents were directed to consider the cases of petitioners
therein for appointment. Learned counsel accordingly submits that similar
treatment may be given to the present petitioners also.
On the other hand, learned counsel appearing on behalf of the
respondents very fairly submits that issues involved in this writ petition has
already been decided by this Hon'ble Court in W.P.(S). No. 19/2016 along with
analogous cases and subsequently by the order passed in LPA No. 168 of 2017
and if the cases of the petitioners are found same and similar to the cases of the
W.P.(S). No. 19/2016 along with analogous cases and the order passed in LPA
No. 168 of 2017, the present petitioners shall also be given the same benefits.
In view of the fair submissions made by the learned counsel for the
parties, this writ application is being disposed of in terms of the directions issued
by this Hon'ble Court in W.P.(S). No. 19/2016 along with analogous cases and
subsequently the order passed in LPA No. 168 of 2017 and if the cases of the
present petitioners are found same and similar to the cases of the petitioners in
W.P.(S). No. 19/2016 along with analogous cases and the order passed in LPA
No. 168 of 2017, the same benefits shall also be extended to the present petitioner.
Accordingly, I hereby direct the respondents-authorities to verify the
factual aspects/ issues involved in the present writ petition vis-à-vis factual
aspects/ issues involved in W.P.(S). No. 19/2016 along with analogous cases and
the order passed in LPA No. 168 of 2017 and if the facts/ issues involved in the
present writ petition is found to be similar to the aforementioned writ petition, the
same benefits shall be extended to the present writ petitioners also, in accordance
with law, within a period of six weeks from the date of receipt/ production of a
copy of this order.
With the aforesaid observations, this writ petition stands disposed of.
(Dr. S.N. Pathak, J.)
kunal/-
