Jharkhand High Court
Ramesh Chandra Choudhary vs The State Of Jharkhand on 7 August, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:22807
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.3750 of 2025
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1. Ramesh Chandra Choudhary, S/o Late Santosh Kumar
Choudhary, R/o Village Kheshmi, P.O. Gomo, P.S. Topchanchi,
District Dhanbad, Retired as Assistant Teacher from Govt. Middle
School, Kheshmi, P.O. Gomo, P.S. Topchanchi, District Dhanbad.
2. Krishna Prasad Ravidas, S/o Late Chhotu Ram Ravidas, R/o
Village Kiyari Bandh, Radha Krishna Mandir Road, P.O. & P.S.
Jharia, District Dhanbad, Retired as Assistant Teacher from Govt.
Primary School, Hetaly Bandh, Jharia-01, P.O. Jharia, P.S. Lodna,
Jharia, District Dhanbad.
3. Gaya Prasad Choudhary, S/o Late Sukhari Ram, R/o Village Koyari
Bandh, Satmorwa, P.O. & P.S. Jharia, District Dhanbad, Retired as
Assistant Teacher from Govt. Primary School, Kalali Patti, Jharia
01, P.O. & P.S. Jharia, District Dhanbad.
4. Md. Inamul Haque, son of Md. Suleman, R/o Thana Road, Jharia,
P.O. & P.S. Jharia, District Dhanbad, Retired as Assistant Teacher
from Govt. Board Middle School, Jharia, P.O. & P.S. Jhara, District
Dhanbad.
5. Rajendra Paswan, S/o Sri Gano Paswan, R/o Village Pipara, P.O.
Andhwa, P.S. Wazirganj, District Gaya (Bihar), Retired as
Assistant Teacher from Govt. Upgraded Middle School, Golakdih,
P.O. Jharia, P.S. Tisra, District Dhanbad.
6. Abdul Gaffar, S/o Late Shaharuddin, R/o Chouthai Kuli, Near Kids
Garden School, Jharia, P.O. & P.S. Jharia, District Dhanbad,
Retired as Assistant Teacher from Govt. K.C. Middle School,
Jharia, P.O. & P.S. Jharia, District Dhanbad.
7. Manjulata Mahto, W/o Late Subhash Chandra Mahto (Retd.
Assistant Teacher), R/o Village Bhaga Rampur, P.O. Aamtal (Via
Jharia), P.S. Baliapur, District Dhanbad.
8. Poonam Kumari, D/o Late Balbir Paswan (Retd. Assistant
Teacher), R/o Village Kavirpur, P.O. Katari Sarai, P.S. Barbigha,
District Munger (Bihar).
9. Indra Mani Devi, W/o Late Malhan Rohidas, (Retd. Asstt.
Teacher), R/o Village & P.O. Urma, P.S. Nirsa, District Dhanbad.
... ... Petitioners
Versus
1. The State of Jharkhand, through the Secretary, School Education
and Literacy Department, Government of Jharkhand, having its
office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District
Ranchi.
2. The Director, Directorate of Primary Education, School Education
and Literacy Department, having its office at Project Building,
Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
3. The Deputy Commissioner, Dhanbad, P.O. & P.S. Dhanbad, District
Dhanbad.
4. The District Superintendent of Education, Dhanbad, P.O. & P.S.
Dhanbad, District Dhanbad.
... ... Respondents
2025:JHHC:22807
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CORAM : SRI ANANDA SEN, J
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For the Petitioner(s) : Mr. Amit Kr. Tiwari, Advocate
For the Respondent(s): Mr. Ravi Prakash Mishra, AC to AAG-II
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03/ 07.08.2025
Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
2. It is the case of the petitioners that the petitioners and
their deceased husbands / fathers are entitled to get the notional
benefit of Grade-1, Grade-2, Grade-3 and Grade-4 Pay from the date
of appointment.
3. Learned counsel representing the petitioners submits that
the issue has already been set at rest by several judgments of this
Court and ultimately it has been held that the clause which prohibited
the retired and deceased employees to get the said benefits, has been
struck down. He submits that the effect of striking down the said
clause is that all the employees be they superannuated or deceased,
are entitled to get the notional benefit of Grade-1, Grade-2, Grade-3
& Grade-4 Pay. He submits that the respondents are now extending
the benefits to only those persons who are approaching this Court. He
further submits that the petitioners have filed a representation before
the District Superintendent of Education, Dhanbad, but no decision
has yet been taken.
4. Learned counsel representing the respondent-State
submits that if the petitioners file a fresh representation annexing the
judgments of the High Court, their case will be considered.
5. Considering the aforesaid submission, I direct the
2025:JHHC:22807
petitioners to file a detailed representation before the District
Superintendent of Education, Dhanbad, annexing all the documents
which they rely upon including the judgments passed by this Court
and also the orders by which similarly situated persons have been
extended the benefits by the respondents.
6. The representation must be filed within a period of four
weeks. If such representation is filed, the concerned respondents will
consider the case of the petitioners within six weeks thereafter.
7. If any adverse order is passed against the claim /
representation of the petitioners, the reasons thereof should be
communicated to the petitioners.
8. The entire process must be concluded within twelve weeks
from the date of receipt of copy of this order along with the
representation of the petitioners.
9. Before parting, I direct the Director, Directorate of Primary
Education, School Education & Literacy Department, Government of
Jharkhand, to look into this issue and if the decision of this Court in
W.P.(S) No.2589 of 2020 (Sudhir Narayan Dwary & Ors. Vs. The State
of Jharkhand & Ors.) and other Analogues cases, is in rem, he should
ensure that all the similarly situated persons will get the same
benefits without they being forced to approach this Court.
10. With the aforesaid directions, this writ petition stands
disposed of.
11. Let a copy of this order be sent to the Director, Directorate
of Primary Education, School Education & Literacy Department,
Government of Jharkhand.
(ANANDA SEN, J.)
Prashant.Cp-2
