Jharkhand High Court
Arun Kumar Pandey vs The State Of Jharkhand Through The ... on 16 April, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:12115
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 1855 of 2025
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1. Arun Kumar Pandey, aged about 55 years, son of Nand
Kumar Pandey, resident of Village- Konbir, P.O.- Konbir
Nawatoli, P.S.- Basia, District - Gumla.
2. Ishwar Dutta Pandey, aged about 53 years, son of
Deodutta Pandey, resident of Gokul Nagar, Gumla, P.O.
& P.S. -Gumla, District Gumla, Jharkhand.
3. Lalmohan Sahu, aged about 52 years, son of Budhnath
Sahu, resident of Ramnagar, Karoundi, P.O. & P.S. -
Gumla, District Gumla, Jharkhand.
4. Kripa Shankar Pandey, aged about 54 years, son of
Manbodh Kumar Pandey, resident of Jawahar Nagar,
D.S.P. Road, Gumla, P.O. & P.S.-Gumla, District-
Gumla, Jharkhand.
5. Janardan Prasad Sahu, aged about 55 years, son of
Anand Sahu, resident of Chetar Road, Gumla, P.O. +
P.S. +District - Gumla.
6. Shiv Jatan Sahu, aged about 51 years, son of Bitu Sahu,
resident of Shastri Nagar, Ward No. 15, Gumla, P.O. +
P.S. + District- Gumla.
7. Ajay Kumar, aged about 54 years, son of Nandkishore
Sahu, resident of At + P.O. + P.S.- Basia, District -
Gumla.
8. Pawan Kumar Keshri, aged about 54 years, son of Gauri
Shankar Keshri, resident of Palkot, P.O. & P.S.- Palkot,
District - Gumla.
9. Mukesh Kumar Verma, aged about 57 years, son of Late
Upendra Prasad Verma, resident of Chainpur, P.O. &
P.S. - Chainpur, District - Gumla.
10.Subhash Kumar, aged about 52 years, son of Krishna
Prasad Singh, resident of D.S.P. Road, Murdi Bagicha,
P.O. + P.S.+ District - Gumla.
11. Manpuran Sahu, aged about 52 years, son of Late
Ranthu Sahu, resident of At + P.O.- Khora, P.S. &
District- Gumla.
12. Anita Chinta Panna, aged about 53 years, daughter of
Stephen Panna, resident of Village-Puggu Ghansi Toli,
P.O. - Armai, P.S. & District - Gumla.
13. Basant Kumar Mete, aged about 53 years, son of
Monmath Nath Mete, resident of Shashtri Nagar, Gumla,
P.O. + P.S. + District - Gumla.
14. Nakul Sarkar, aged about 54 years, son of Late
Harendra Sarkar, resident of Surya Colony, Kaju Bagan,
Hehal, P.O.-Hehal, P.S.-Sukhdeonagar, District-Ranchi
15. Gulam Arjak Zahid, aged about 52 years, son of Shekh
Hatim Hussain, resident of Village-Parsa, P.O. & P.S.-
Bharno, District - Gumla.
.............Petitioners
2025:JHHC:12115
Versus
1. The State of Jharkhand through the Secretary, School
Education and Literacy Department, Govt. of
Jharkhand, Project Bhawan, H.E.C. Township, P.O. &
P.S. Dhurwa, District-Ranchi, Jharkhand.
2. The Director, School Education and Literacy Department
(Primary Education), Govt. of Jharkhand, Project
Bhawan, H.E.C. Township, P.O. & P.S Dhurwa, District-
Ranchi, Jharkhand.
3. The Regional Deputy Director, South Chhotanagpur
Division, Ranchi, P.O., P.S. & District Ranchi.
4. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Gumla, P.O., P.S.
& District-Gumla.
5. The District Superintendent of Education, Gumla, P.O.,
P.S. & District-Gumla
.....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Rahul Kumar, Advocate
For the Respondents : Mr. Nawal Kishor Pandey, A.C to
S.C (L&C)
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02/16.04.2025 Heard learned counsel for the parties.
2. The instant writ application has been preferred
by the petitioners praying for a direction upon the
Respondent-Authorities to consider the objections of these
Petitioners to the Provisional Gradation List as published
vide notice contained in P.R No. 343324, Jharkhand
Education Project Council (24-25) dated 01.01.2025 issued
by the 5th Respondent-District Superintendent of Education,
Gumla in relation to finalization of the seniority
position/Gradation List of eligible teachers for promotion to
Grade-IV on the basis of merit list of recommendation of
the then Bihar Public Service Commission and not on the
basis of the date of joining and to suitably place the
Petitioners at appropriate place in the seniority position.
3. Learned counsel for the petitioners submits that
now the issue is no more res integra that the promotion is
to be reckoned as per the merit-list of that batch and not
2025:JHHC:12115
from the date of joining. Even several judgments have been
rendered by this Court of this issue.
Learned counsel further draws attention of this
Court towards Annexure-2 dated 15.10.2019 which is the
decision taken by the Respondent-Authorities giving
guidelines for making the list for promotion of the
candidates and submits that in this notification a guideline
has been issued, wherein it is crystal clear that seniority is
to be reckoned from the merit-list and not by the date of
joining. Now, the provisional merit-list has been published
seeking objection from the candidates. Pursuant thereto,
the petitioners have given objections before the 5th
Respondent giving all details; as such, he prays that
objection of the petitioners may be considered in
accordance with settled position of law i.e., to consider
their seniority as per the merit-list and not as per the date
of joining.
4. Learned counsel for the respondents fairly
submits that since the Petitioners have already objected to
the provisional gradation list; then certainly their objection
will be considered in accordance with the settled
proposition of law.
5. Having regard to the aforesaid facts and
circumstances of the case, the instant application is hereby
disposed of by directing the 5th Respondent to consider the
objection of the respective Petitioners made to the
provisional gradation list strictly in accordance with the
guidelines issued under the signature of Secretary dated
15.10.2019 (Annexure-2) and also 10.07.2023 (Annexure-3)
for promotion to Grade-IV.
It goes without saying that since the provisional
gradation list has already been issued and pursuant
thereto, the Petitioners have already given their objections;
as such, necessary decision be taken and final gradation
2025:JHHC:12115
list be also issued as early as possible preferably within a
period of 12 weeks.
6. With the aforesaid observations, this application
stands disposed of.
(Deepak Roshan, J.)
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