Shobha Pandey vs The State Of Jharkhand
2025 Latest Caselaw 3235 Jhar

Jharkhand High Court

Shobha Pandey vs The State Of Jharkhand on 11 March, 2025

Author: Ananda Sen

Bench: Ananda Sen

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              WP(S) No.148 of 2019
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           1.Shobha Pandey, wife of Bhim Goswami
           2.Noor Jahan, wife of Md. Zaheeruddin
           3.Deepa Toppo, wife of Arun Hemant Ekka
           4.Sanghmitra Kumari, wife of Ravinesh Kumar
           5.Simple Kumari, daughter of Baban Kumar Gupta
           6.Jyoti Verma, wife of Jaydeep Kumar Sinha
           7.Ganesh Kumar, son of Dineshwar Prasad Mehta
           8.Argen Toppo, son of Julius Toppo
           9.Uday Kumar Singh, son of late Bharat Singh
           10.Mahadev Kumar Mahto, son of Lalji Mahto
           11.Rajkumar Sahu, son of Moolchand Sahu
                                                         ... Petitioner(s).
                                    Versus
           1.The State of Jharkhand
           2.The Principal Secretary, Department of School Education and
           Literacy Department, Govt. of Jharkhand, Ranchi
           3.The Director, Jharkhand Education Project Council, Dhurwa, Ranchi
           4.The Deputy Commissioner, Hazaribagh
           5.The District Superintendent of Education cum District Projgramme
           Officer, Hazaribagh                           ... Respondents.

           CORAM            :  SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Rishu Ranjan, Advocate For the State : Ms. Moushmi Chatterjee, AC to GA-V For the JEPC : Mr. Krishna Murari, Advocate Mr. Rajvardhan, Advocate

.........

11 /11.03.2025: In this writ petition, the petitioners have prayed for the following reliefs:

(i) For issuance of an appropriate writ(s)/order(s), and/or direction(s), particularly a writ in the nature of mandamus commanding upon the respondents to regularize the service of the petitioners on the post of Teacher/Assistant Teacher/Accountant cum Computer Operator, Cook and Choudikar since they are working on the said posts under respondents for last 10 years on fixed remuneration and also in view of judgments rendered by the Hon'ble Supreme Court in that regard.

(ii) For issuance of appropriate writ(s)/direction(s) order(s) as Your Lordships may deem fit and proper in the facts and circumstances of this case in the interest of justice.

2. The issue in this writ application is in respect of regularization of Assistant Teachers, Computer Operator, Cook, Choukidar etc. working in Karturba Ganghi Residential Girls School.

3. Admittedly these petitioners are not engaged by the State Government. They were appointed in a scheme on contractual basis by Jharkhand Education Project Council which is the implementing Agency of "Sarva Shiksha Abhiyan".

4. Considering all these aspects and the status of similarly situated persons, the Coordinate Bench of this Court in WP(S) No. 602 of 2019 has held that the said persons who are working in Karturba Ganghi Residential Girls School on contractual basis are not entitled for regularization.

5. The case of the petitioners stands exactly on the similar footing as that of the petitioners in WP(S) No. 602 of 2019.

6. Thus, this case is covered by the order dated 19.02.2024 passed in the aforesaid case.

7. This writ petition is dismissed in terms of the order dated 19.02.2024 passed in WP(S) No. 602 of 2019.

(ANANDA SEN, J.)

Tanuj/