Jharkhand High Court
Anil Nath Mishra vs The State Of Jharkhand on 7 August, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:22809
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.3157 of 2025
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1. Anil Nath Mishra, S/o Bhola Nath Mishra, R/o House No.18, Ward
No.29, R.L. Sarraph Road, Deoghar, P.O. Deoghar, P.S. Deoghar
(Town), District Deoghar, Jharkhand.
2. Rakesh Chandra Bihari Lal Jha, S/o Akhileshwar Jha, R/o Ward
No.27, Chatisi, Bilasi Town, P.O. B. Deoghar, P.S. Deoghar
(Town), District Deoghar, Jharkhand.
3. Gyaneshwar Pandit, S/o Ganesh Pandit, R/o House No.75, Ward
No.30, Dukhi Sah Lane, Jhounsagarhi, Deoghar, P.O. & P.S.
Deoghar, District Deoghar, Jharkhand.
4. Renu Devi, widow of Late Sureshwar Dutt Dwari, R/o Ward
No.29, Chakravarti Lane, Deoghar, P.O. Deoghar, P.S. Deoghar
(Town), 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, having its office at Project Building, Dhurwa, P.O. &
P.S. Dhurwa, District Ranchi.
3. The Deputy Commissioner, Deoghar, P.O. & P.S. Deoghar, District
Deoghar, Jharkhand.
4. The District Superintendent of Education, Deoghar, P.O. & P.S.
Deoghar, District Deoghar, Jharkhand.
5. The Accountant General (A & E), Jharkhand, P.O. & P.S. Doranda,
District Ranchi, Jharkhand.
... ... Respondents
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CORAM : SRI ANANDA SEN, J
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For the Petitioner(s) : Mr. Arvind Kumar Choudhary, Advocate
For the Respondent(s): Mr. Ranjan Kumar, AC to Sr. SC-I
Mr. Sudarshan Shrivastava, Advocate
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04/ 07.08.2025
Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
2. It is the case of the petitioners that that petitioner Nos.1,
2 & 3 are entitled to get the notional benefit of Grade-I Pay and the
husband of petitioner No.4 is also entitled to get the same benefit,
from the date of appointment.
3. Learned counsel representing the petitioners submits that
2025:JHHC:22809
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-I 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
Superintendent of Education, Deoghar, but no decision has yet been
taken.
4. Learned counsel representing the respondent-State
submits that if the petitioners file fresh individual representation
annexing the judgments of the High Court, their case will be
considered.
5. Considering the aforesaid submission, I direct the
petitioners to file their detailed representation before the District
Superintendent of Education, Deoghar, 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 representations are 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.
2025:JHHC:22809
8. The entire process must be concluded within twelve
weeks from the date of receipt of copy of this order along with the
representations of the petitioners.
9. Before parting, I direct the Director, Department of
Primary Education, School Education & Literacy, 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,
Department of Primary Education, School Education & Literacy,
Government of Jharkhand.
(ANANDA SEN, J.)
Prashant.Cp-2
