Citation : 2025 Latest Caselaw 6662 Jhar
Judgement Date : 3 November, 2025
2025:JHHC:32894
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.5926 of 2025
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Bhuvneshwar Thakur, S/o Late Triveni Thakur, residing at Gilanpara, P.O., P.S.
Town & Dist Dumka, Jharkhand
.... Petitioner(s).
Versus
1.The State of Jharkhand
2.The Principal Secretary, Department of School Education and Literacy,
Government of Jharkhand
3.The Director, Primary Education, Department of School Education and Literacy,
Government of Jharkhand
... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Rajiv Ranjan Mishra, Advocate For the Resp-State : Mr. Manish Mishra, G.P.-V .........
05 / 03.11.2025: Heard, learned counsel for the parties.
2. Petitioner is a retired teacher and he has been denied the Grade Pay. As per the notification, the Government Teachers who had superannuated or expired were not to be provided with the benefit.
3. The aforesaid clause was challenged before this Court in W.P.(S) No.2589 of 2020 (Sudhir Narayan Dwary & Ors. Vs. The State of Jharkhand & Ors.) and other Analogues cases. This Court allowed, the writ petition. The decision of the Single Bench was upheld by the Division Bench and also by the Hon'ble Supreme Court.
4. Thus, the Teachers who had superannuate were also entitled to get the said benefit. The petitioner is one of them. Thus, in view of the order passed by the Hon'ble Supreme Court, the petitioner is entitled for the same benefit.
5. Considering the aforesaid facts, I direct the petitioner to file a detailed representation before the District Superintendent of Educations, Dumka annexing all the documents which he is rely upon including the judgments passed by this Court and the orders passed in case of the similarly situated person.
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 petitioner within six weeks from the date of receipt of copy of the order along with the representation. If the petitioner is entitled for any benefit, the same should be extended within a period of four weeks thereafter.
7. If any adverse order is passed against the claim /representation of the petitioner, the same should be communicated to the petitioner within the aforesaid time.
8. The entire process must be concluded within a period of sixteen weeks from the date of receipt of copy of this order.
9. It is expected that the Director, Primary Education, School Education & Literacy, Government of Jharkhand, will 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 observation and direction, this writ petition stands disposed of.
(ANANDA SEN, J.) 03rd November, 2025 R.S./Sandeep
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