Jharkhand High Court
Bhima Hessa Son Of Late Devendra ... vs The State Of Jharkhand on 14 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 560 of 2023
----
Bhima Hessa son of late Devendra Hessa, resident of Vill. Beramundui,
PO Andhari, PS Kumardungi, Dist. West Singhbhum.
... Petitioner
-versus-
1. The State of Jharkhand.
2. The Principal Secretary, Department of School Education & Literacy,
Government of Jharkhand, Office at Project Bhawan, Dhurwa, Ranchi.
3. The Secretary, Department of School Education & Literacy,
Government of Jharkhand, Office at Project Bhawan, Dhurwa, Ranchi.
4. The Director (Primary), Department of School Education & Literacy,
Government of Jharkhand, Office at Project Bhawan, Dhurwa, Ranchi.
5. The Deputy Commissioner cum Chairman, District Education
Establishment Committee, West Singhbhum at Chaibasa.
6. The District Superintendent of Education, West Singhbhum at
Chaibasa.
7. The Area Education Officer, Kumar Dungi, Office at Kumar Dungi,
Kumar Dungi Block, District West Singhbhum.
8. The Accountant General (A&E), Jharkhand, Office at A.G. More,
Doranda, Ranchi.
... Respondents
----
CORAM : HON'BLE MR. JUSTICE ANANDA SEN
----
For the Petitioner : Mr. M.M. Sharma, Advocate
For the Respondents: Mr. Ashok Kumar Yadav, Sr. SC I
Mr. Rituraj, AC to Sr. SC I
Ms. Richa Sanchita, Advocate
Ms. Pinky Shaw, Advocate
----
03/ 14.02.2023 Heard learned counsel for the petitioner and learned counsel for
the respondents.
2. Petitioner, in this writ petition, has prayed for following reliefs:-
(i) For direction to the respondents to issue necessary order
with regard to grant of Grade-II & III scales in view of the
Order No.619(Vidhi) dated 26.08.2021 which was issued
under the signature of respondent No.3 in compliance of the
order dated 26.09.2018 passed in W.P.(S) No.7392/2017
(Nand Kishor Nayak & Others Vrs. State of Jharkhand &
Ors.) and also order dated 25.06.2018 passed in W.P.(S)
No.570/2018 (Bhima Hessa Vrs. State of Jharkhand &
others), as the petitioner has only been granted grade-I
scale from the date of initial joining in service in compliance
of the Order No.619 (Vidhi) dated 26.08.2021.
(ii) For direction to the respondents for fixation of the scale
of petitioner in the aforesaid grades.
(iii) For further direction to the respondents to make
payment of monetary benefits as observed in Cont. Case
(Civil) No.753/2018 (Bhima Hessa Vrs. State of Jharkhand
and others) along with analogous contempt cases
(Annexure-12) arising out order dated 25.06.2018 passed in
W.P.(S) No.570/2018.
(iv) Upon granting the aforesaid benefits to the petitioner,
further prays for direction to fix and revise the pension on
enhanced pay scale and further direction to pay the
difference of arrears of salary and difference of arrears of
pension accrued after granting the aforesaid scale along
with statutory interest as applicable under the law.
3. Counsel for the petitioner submits that the case of the petitioner is
covered by the judgment of this Court in W.P.(S) No.7392 of 2017 (Nand
Kishor Nayak & Others Vrs. State of Jharkhand & Ors.), thus, the petitioner
should get the same benefit. He submits that suffice it would be if a direction is
given to the respondents to consider the case of the petitioner and pass an
appropriate order, considering the judgment passed by this Court.
4. Mr. Ashok Kumar Yadav, learned counsel appearing for the State-
respondents submits that the petitioner should approach the Director (Primary
Education), Department of School Education & Literacy, State of Jharkhand by
filing fresh representation annexing all the documents, which the petitioner
claims to be in his favour. If such representation is filed, the said respondent-
authority shall consider the claim of the petitioner and pass appropriate order
on the same.
5. Considering the submissions of the parties, I direct the petitioner
to approach the respondent No.4 - Director (Primary Education), Department
of School Education & Literacy, State of Jharkhand by filing a representation
along with a copy of this order within six weeks. Upon receipt of the said
representation, the respondent No.4 shall consider the same and pass
appropriate order on the same. If it is found that the petitioner is entitled to the
claimed relief, the same should be extended to the petitioner. If any part of the
claim of the petitioner is denied or declined, reasons thereof should also be
communicated to the petitioner. The entire process should be completed within
8 (eight) weeks from the date of receipt of the representation along with a copy
of this order.
6. With the aforesaid observations and directions, this writ petition
stands disposed of.
(Ananda Sen, J.)
Kumar/ SK/Cp-02
