Jharkhand High Court
Radheshyam Pathak vs The State Of Jharkhand on 22 August, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:24907
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4269 of 2025
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1. Radheshyam Pathak, S/o Chandrakant Pathak, R/o House No.50,
Ward No.3, Rasikpur Khaira Para, P.O., P.S. & District Dumka,
Jharkhand.
2. Bal Krishna Choudhary, S/o Chhedi Prasad Choudhary, R/o Petbi,
P.O. Maheshpur, P.S. + District Godda, Jharkhand.
3. Kailash Chandra Jha, S/o Jayanti Prasad Jha, R/o Gilanpara,
Rajendra Nagar, P.O., P.S. & District Dumka, Jharkhand.
4. Manikant Jha, S/o Bhup Narayan Jha, R/o Dangalpara, Mortanga
Road, P.O. Sonwadangal, P.S. Masalia, District Dumka,
Jharkhand.
5. Sonelal Jha, S/o Manruchi Prasad Jha, R/o Basantaray Susti, P.O.
Maheshpur, P.S. + District Godda, Jharkhand.
6. Putul Kumar Jha, S/o Chandrakant Jha, R/o 74 j, Durga Mandir
Ke Samip, Ward No.3, P.O. Routara, P.S. + District Godda,
Jharkhand.
7. Umesh Chandra Thakur, S/o Ramni Mohan thakur, R/o Gali No.3,
Ward No.3, P.O. Routara, P.S. + District Godda, Jharkhand.
8. Tarani Prasad :Mahto, S/o Nagendra Nath Mahto, R/o Astajora,
P.O. Ranga Masalia, P.S. Masalia, District Dumka, Jharkhand.
9. Sulekha Kumari, W/o Kumud Mohan Thakur, R/o New Grant
Estate, Lal Pokhara, P.O. Sonwadangal, P.S. + District Dumka,
Jharkhand.
10. Sudha Kumari, D/o Krishna Chandra Choudhary, W/o Golop
Bihari Jha, R/o Village Shivpur, Beside Sankar Cinema, Ward
No.2, P.O. + P.S. Godda, District Godda, Jharkhand.
... ... Petitioners
Versus
1. The State of Jharkhand, through the Principal Secretary,
Department of School Education and Literacy, Government of
Jharkhand, having its office at Project Building, P.O. & P.S.
Dhurwa, District Ranchi, Jharkhand.
2. The Director, Primary Education, Department of School Education
and Literacy, Government of Jharkhand, having its office at
Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand
3. The Deputy Commissioner, Dumka, DC Office, P.O., P.S. & District
Dumka, Jharkhand.
4. The District Superintendent of Education, Dumka, Naya Para,
P.O., P.S. & District Dumka, Jharkhand.
5. Accountant General, 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. Rishikesh Giri, Advocate
Mr. Rishav Kumar, Advocate
For the Respondent(s): Mr. Apoorva Singh, AC to SC Mines-II
Mr. Amit Kr. Verma, Advocate
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2025:JHHC:24907
05/ 22.08.2025
Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
2. It is the case of the petitioners that the petitioners or their
deceased husbands / fathers are entitled to get the notional benefit
of Grade-I 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-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 representations before the Authority
concerned, but no decision has yet been taken.
4. Learned counsel representing the respondent-State
submits that if the petitioners files 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, Dumka, 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.
2025:JHHC:24907
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.
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, 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, Primary
Education, School Education & Literacy, Government of Jharkhand.
(ANANDA SEN, J.)
Prashant.Cp-2
