Jharkhand High Court
Virendra Prasad Singh vs The State Of Jharkhand Through The ... on 29 April, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:12761
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 1988 of 2025
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1. Virendra Prasad Singh, aged about 65 years, son of Sidheshwar
Singh, retired from Upgraded Middle School, Patharchapti,
Devipur, Deoghar, resident of Village Yoga Vigaha, P.O. Aant,
P.S. Nalanda, District Nalanda, Bihar. At present residing at
Williams Town (Krishnapuri), P.O. Deoghar, P.S. Deoghar Town,
District Deoghar, Jharkhand.
2. Devnandan Prasad Ray, aged about 68 years, son of Vishnu Prasad
Ray, retired from Upgraded Middle School, Jama, Madhupur,
Deoghar, resident of Village Piprasole, P.O. Saptar, P.S.
Madhupur, District Deoghar, Jharkhand.
3. Lakshman Prasad Choudhary, aged about 65 years, son of Late
Shashi Bhushan Choudhary, retired from Middle School,
Madhupur (Municipal), Deoghar, resident of Village Choudhary
Nawadih, P.O. Choudhary Nawadih, P.S. Palojori, District
Deoghar, Jharkhand.
4. Sukdeo Prasad Yadav, aged about 71 years, son of Santu Mahto,
retired from Middle School, Jhalar, Mohanpur, Deoghar, resident
of Village Ghuthiya, P.O. Chulihaya, P.S. Mohanpur, District
Deoghar, Jharkhand.
5. Basudeo Prasad Yadav, aged about 67 years, son of Baleshwar
Prasad Yadav, retired from Primary School, Sikatiya, Mohanpur,
Deoghar, resident of Village Jamuniya, P.O. Jamuniya, P.S.
Mohanpur, District Deoghar, Jharkhand.
6. Keti Prasad Mahto, aged about 66 years, son of Huro Mahto,
retired from Upgraded Middle School, Karnpura, Devipur,
Deoghar, resident of Village Ujanpur, P.O. Kasathi, P.S. Devipur,
District Deoghar, Jharkhand.
7. Subhash Chandra Tiwari, aged about 71 years, son of Nirmal
Kumar Tiwari, retired from Upgraded Middle School, Amjora,
Devipur, Deoghar, resident of Village Naya Bazar, Kali Manda,
P.O. and P.S. Madhupur, District Deoghar, Jharkhand.
8. Rohit Prasad Singh, aged about 65 years, son of Mritunjay Prasad
Singh, retired from Middle School, Kukraha, Sarath, Deoghar,
resident of Village Manjurgila, P.O. Kukraha, P.S. Sarath, District
Deoghar, Jharkhand.
9. Pawan Kumar Choudhary, aged about 65 years, son of Late
Nageshwar Prasad Choudhary, retired from Upgraded Middle
School, Baghmara, Palojori, Deoghar, resident of Village
Choudhary Nawadih, P.O. Choudhary Nawadih, P.S. Palojori,
District Deoghar, Jharkhand.
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10.Sifat Ahmad, aged about 65 years, son of son of Abdul Rajjak,
retired from Middle School, Pipra, Margomunda, Deoghar,
resident of Village Simargarha, P.O. and P.S. Margomunda,
District Deoghar, Jharkhand.
11.Md. Basiruddin, aged about 65 years, son of Bhatan Miyan, retired
from Middle School, Mahuwatand, Margomunda, Deoghar,
resident of Village Kano, P.O. Baskupi, P.S. Margomunda, District
Deoghar, Jharkhand.
12.Maswud Ahmad, aged about 65 years, son of Md. Jamaluddin,
retired from Upgraded Middle School, Tatakjori, Margomunda,
Deoghar, resident of Village Chhatapathar, P.O. Karanjo, P.S.
Margomunda, District Deoghar, Jharkhand.
13.Sudhir Prasad Gupta, aged about 67 years, son of Rameshwar
Prasad Gupta, retired from Primary School, Badiya, Jasidih
Deoghar, resident of Village Ekchari, P.O. Ekchari, P.S.
Kahalgaon, District Bhagalpur, Bihar.
14.Upendra Nath Jha, aged about 71 years, son of Tirath Nath Jha,
retired from Middle School, Malhara, Mohanpur, Deoghar,
resident of Baidhyanath Colony, B.N. Jha Road, Deoghar, P.O. and
P.S. Deoghar, District Deoghar, Jharkhand.
15.Brajkant Jha, aged about 68 years, son of Vindeshwar Jha, retired
from Middle School, Malhara, Mohanpur, Deoghar, resident of
B.N. Jha Road, Deoghar, P.O. and P.S. Deoghar, District Deoghar,
Jharkhand.
16.Anand Kumar Jha, aged about 71 years, son of Raghubansh Jha,
retired from Upgraded Middle School, Pokhariya-ll, Sonaraithari,
Deoghar, resident of Baidhyanath Colony, B.Ν. Jha Road,
Deoghar, P.O. and P.S. Deoghar, District Deoghar, Jharkhand.
17.Pradeep Kumar Mishra, aged about 67 years, son of Madan Mohan
Mishra, retired from Primary School, Sagarbhanga, Palojori,
Deoghar, resident of Village Pokhna Tilha, B.N. Jha Road,
Deoghar, P.O. and P.S. Deoghar, District Deoghar, Jharkhand.
18.Mohan Jha, aged about 70 years, son of Sukdev Jha, retired from
Middle School, Benidih, Palojori, Deoghar, resident of Railway
Colony, Sugouli, P.O. and P.S. Sugouli, District Purvi Champaran,
Bihar.
19.Janardan Prasad Singh, aged about 69 years, son of Kameshwar
Prasad Singh, retired from Primary School, Rampur Chandraraidih,
Palojori, Deoghar, resident of Village Miyan Bigha, P.O. Jiyan
Bigha, P.S. Shekhpur Saray, District Shekhpura, Bihar.
20.Jaynarayan Jha, aged about 73 years, son of Rajanath Jha, retired
from Upgraded Middle School, Salaiya, Madhupur, Deoghar,
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resident of Naya Bazar, Madhupur, P.O. and P.S. Madhupur,
District Deoghar, Jharkhand.
21.Nawal Kishore Ray, aged about years 68 years, son of Late Jhari
Ray, retired from Upgraded Middle School, Phulchuwan, Sarath,
Deoghar, resident of Village Parbad, P.O. Charakmara, P.S. Sarath,
District Deoghar, Jharkhand.
22.Goverdhan Mandal, aged about 66 years, son of Santoshi Mandal,
retired from Primary School, Saitilgarh, Sarwan, Deoghar, resident
of Village Pawe, P.O. Pawe, P.S. Sonaraithari, District Deoghar,
Jharkhand.
23.Subodh Kumar Pal, aged about 65 years, son of Sahdev Chandra
Pal, retired from Primary School, Rautara, Sarath, Deoghar,
resident of Village Jamua, P.O. Jamua, P.S. Palojori, District
Deoghar, Jharkhand.
24.Md. Alal Ahmad, aged about 72 years, son of Kalu Ahmad, retired
from Primary School, Basmata, Sarath, Deoghar, resident of
Village Amalat, P.O. Piyarpur, P.S. Udhawa, District Sahibganj,
Jharkhand.
25.Md. Danis Ali, aged about 72 years, son of Ehasan Ali, retired
from Upgraded Middle School, Dumdumi, Sarath, Deoghar,
resident of Village Amalat, P.O. Piyarpur, P.S. Udhawa, District
Sahibganj, Jharkhand.
26.Jaydeo Prasad Ray, aged about 72 years, son of Sri Nandan Prasad
Ray, retired from Upgraded Middle School, Karmatand, Jasidih,
Deoghar, resident of Village Tetriya, P.O. Saptar, P.S. Madhupur,
District Deoghar, Jharkhand.
27.Dinesh Chandra Ray, aged about 69 years, son of Shankar Ray,
retired from Primary Middle School, Dwarpahari, Margomunda,
Deoghar, resident of Village Kalhajore, P.O. Dhamni, P.S.
Deoghar, District Deoghar, Jharkhand.
..........Petitioners
Versus
1. The State of Jharkhand through the Principal Secretary, School
Education and Literacy Department, having its office at Project
Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
2. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, having its office
at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
3 The Deputy Commissioner, Deoghar, P.O. and P.S. Deoghar,
District Deoghar, Jharkhand.
4. The District Superintendent of Education, Deoghar, P.O. and
P.S. Deoghar, District Deoghar, Jharkhand.
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5. The Accountant General (A & E), Jharkhand, P.O. and P.S.
Doranda, District Ranchi, Jharkhand.
.........Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Arvind Kumar Choudhary, Advocate
For the Resp.-State : Mr. Mukesh Kumar Mehta, AC to GP-VI
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02/29.04.2025 The instant writ application has been preferred by the
petitioner praying for following reliefs:-
(i) For issuance of an appropriate writ / writs, order /
orders, direction / directions, commanding upon the
concerned respondents to grant notional benefits of
Grade-I to the petitioners from the date of appointment as
per the notification dated 18.07.2019 bearing Memo No.
8/Vi. 1-281/2007 1145, issued under the signature of
Principal Secretary, School Education and Literacy
Department, Government of Jharkhand, whereby and
whereunder notional benefits of Grade-I scale was granted
to the teachers, who were appointed between 1982 to
2011.
(ii) For direction upon the respondent authorities to pay
the monetary benefits, which the petitioners are entitled for
after revision of the pension and other benefits, which the
petitioners are entitled for after implementation of the
notification dated 18.07.2019 bearing Memo No. 8/Vi. 1-
281/2007 1145.
2. At the outset, learned counsel for the petitioners submits that
the 2nd respondent has already taken a decision pursuant to the
direction of this Court with regard to grant notional benefit of
Grade-I to the employees from the date of appointment as per
notification dated 18.07.2019.
As such, the 4th respondent i.e. District Superintendent of
Education, Deoghar may be directed to take a decision in the
matter as the issue has already been decided in W.P.(S). No. 2589
of 2020 and other analogous cases. He further submits that even
the 2nd respondent has already instructed the Officers to do the
needful in accordance with the order passed by this Court, wherein
Clause-7(kha)(vi) of resolution No. 1145 dated 18.07.2019 was
quashed and set aside.
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3. Learned counsel for the respondents submits that since no
counter-affidavit has been filed, as such, the petitioner may be
directed to approach the concerned respondent afresh, who shall
decide the issue in accordance with law.
4. Having regard to the aforesaid facts and circumstances of the
case, the petitioners are hereby directed to file individual
representations before the 4th respondent along with all necessary
documents on which they are relying upon within a period of four
weeks. The moment such representation(s) is/are filed before the
respondent No. 4, he shall take a decision in the matter in
accordance with the applicable rules and regulations; especially the
judgment passed by this Court in the above referred cases and the
instruction issued in this behalf.
5. It goes without saying that as per the petitioners, similarly
situated employees have already been granted similar benefits.
6. The entire exercise shall be completed within a period of 12
weeks and if the petitioners are found entitled, necessary order for
monetary benefits shall be issued within a further period of 4
weeks.
7. Accordingly, the instant writ application stands disposed of.
(Deepak Roshan, J.)
Kunal
