Nirawati Devi vs State Of Jharkhand Through Its ...
2024 Latest Caselaw 10327 Jhar

Jharkhand High Court

Nirawati Devi vs State Of Jharkhand Through Its ... on 11 November, 2024

Author: S. N. Pathak

Bench: S.N. Pathak

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No. 3144 of 2024
     Nirawati Devi, aged about 65 years, wife of Late Dubraj Mahto, resident of
     Village Dorma, Torpa, P.O.- Dorma, P.S.- Torpa, District- Khunti.
                                                         .... Petitioner
                                     Versus
     1.    State of Jharkhand through its Principal Secretary, Department of
           School Education and Literacy, Ranchi.
     2.    Director, Higher and Secondary Education, Department of School
           Education and Literacy, Ranchi.
     3.    Regional Deputy Director of Education, Chotanagpur Division,
           Ranchi.
     4.    District Superintendent of Education, Khunti.
     5.    District Education Officer, Khunti.
                                                        .... Respondents
                              ------

CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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     For the Petitioner        :     Mr. Sumeet Gadodia, Advocate
                                     Mr. Prakhar Harit, Advocate
     For the Resp-State        :     Mr. Ravi Kerketta, Advocate
                              -----

4/ 11.11.2024     The petitioner being the widow of deceased employee has

approached this Court with a prayer for quashing of the order contained in Memo No. 2517 dated 30.09.2019 whereby the pension of the petitioner has been permanently stopped.

2. Learned counsel appearing for the petitioner submits that the only ground for stopping the pension is that the appointment of the husband of the petitioner on the post of Assistant Teacher in the year 1988 was not made following the reservation policy and roster clearance. Learned counsel submits that similar matter fell for consideration before a Coordinate Bench of this Court in W.P.(S) No. 6023 of 2018 (Sushma Kumari @ Sushma Kumari Devi Vs. State of Jharkhand & Ors.) wherein the service of that petitioner was terminated on the same ground of non-clearance of roster and reservation policy and this Court vide order dated 17.02.2021, has quashed and set aside the impugned order and the petitioner was directed to be reinstated in service with all consequential benefits. The order passed in W.P.(S) No. 6023 of 2018 has attained its finally, as the same was upheld by

the Hon'ble Apex Court in Special Leave to Appeal (C) Diary No. 17378 of 2023 by its order dated 17.02.2021. Learned counsel submits that the petitioner is also entitled for the same benefit, as has been given to similarly situated person and hence, a direction be given by this Court to treat the present petitioner similar to that of said Sushma Kumari @ Sushma Kumari Devi and extended the same benefits accordingly.

3. Mr. Ravi Kerketta, learned counsel representing the respondent-State very fairly submits that in view of the judgment delivered in the case of Sushma Kumari @ Sushma Devi (supra), the case of the present petitioner is under active consideration. Referring to several paragraphs of the counter affidavit, learned counsel submits that already the group insurance and GPF amount has been approved and it will be released very soon. So far as grant of pension and gratuity are concerned, learned counsel states that it is under consideration before the Department.

4. In view of the admitted positions, nothing more is required to be adjudicated, except to direct the respondents to extend the entire pensionery benefits including group insurance, GPF, pension and gratuity and other admissible benefits to the petitioner within a period of twelve weeks from the date of receipt / production of a copy of this order. Ordered accordingly.

5. With the aforesaid direction, this writ petition stands allowed.

(Dr. S. N. Pathak, J.) R.Kr.