Ajay Kumar Vishwakarma Aged About 48 ... vs The State Of Jharkhand
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Jharkhand High Court

Ajay Kumar Vishwakarma Aged About 48 ... vs The State Of Jharkhand on 24 November, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

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IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P. (S) No. 4075 of 2019
1.     Ajay Kumar Vishwakarma aged about 48 years, son of
Chandradeep Vishwakarma, resident of East Basuria, P.O. Bhuli, P.S.
Tetulmari, District Dhanbad.
2.     Bhrigu Ram Rajak, aged about 37 years, son of Sri Binda Rajak,
resident of Chhotki Bowa, P.O. Bhuli, P.S. Tetulmari, District Dhanbad.
3.      Anil Kumhar, aged about 43 years, son of Kashi Kumhar,
resident of Nagari Kala, P.O. Chandour, P.S. Tetulmari, District
Dhanbad.
4.     Ranjeet Kumar Mahto, aged about 38 years, son of Mukteshwar
Mahto, resident of Chirudih, P.O. Kusunda, P.S. Putki, District
Dhanbad.
5.     Hari Shankar Rawani, aged about 44 years, son of Mahadeo
Rawani resident of Barki Bowa, P.O. Bhuli, P.S. Tetulmuri, District
Dhanbad.
6.     Shankar Rawani, aged about 51 years, son of Hublal Rawani,
resident of Sitatand, Barki Bowa, P.O. Bhuli, P.S. Tetulmuri, District
Dhanbad.
7.     Anand Mahato, aged about 47 years, son of Kewal Prasad
Mahato, resident of Bhuian Paharpur, P.O. Rajganj, District Dhanbad.
8.     Vijay Kumar Mahto, aged about 50 years, son of Dinu Mahto,
resident of Domanpur, P.O. Bagdaha, P.S. Katras, District Dhanbad.
9.     Ram Baboo Mahato, aged about 46 years, son of Tika Ram
Mahato, resident of Bagdaha, P.O. Bagdaha, P.S. Katras, District
Dhanbad.
10. Sudhakar Mahato, aged about 54 years, son of Pawan Mahato,
resident of Bagdaha, P.O. Bagdaha, P.S. Katras, District Dhanbad.
                                            ...     ...  Petitioners
                         Versus
1.     The State of Jharkhand.
2.     The Chief Secretary, Government of Jharkhand, P.O. and P.S.
Dhurwa, District Ranchi.
3.     Principal Secretary/Secretary Department of Personnel,
Rajbhasha & Administrative Reforms, Govt. of Jharkhand, Project
Bhawan, P.O. and P.S. Dhurwa, District Ranchi.
4.     The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Project Bhawan, Dhurwa, P.O.
and P.S. Dhurwa, District Ranchi, Jharkhand.
5.     The Director, Primary Education, Human Resources
Development Department, Government of Jharkhand, Project Bhawan,
Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand.
6.     The Director, Jharkhand Education Project Council Project, New
Co-operative Building, Shyamali, P.O. and P.S. Doranda, District
Ranchi.
7.     The Deputy Commissioner, Dhanbad, P.O. and P.S. Dhanbad,
District Dhanbad.                               ... Respondents
                         ---------

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. Sanjay Kumar Thakur, Advocate. For the State : Mr. Manish Kr., Sr. S.C.-II.

Ms. Sunita Kumari, A.C. to Sr. S.C.-II. For the JEPC: Mr. Krishna Murari, Advocate

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07/Dated: 24.11.2025

1. The instant writ petition has been filed for grant of the following substantive reliefs:-

"1. That by this writ application, by way of interest of children of Jharkhand who study in Jharkhand government schools from class-1 to Class -VIII para teachers are appointed/ engaged by the respective District Authorities i.e. Deputy Commissioner of Dhanbad district of Jharkhand and these para teachers are duly appointed / engaged for teaching in the schools of Jharkhand from Block to District level schools and they have duly passed the Teachers Eligibility Test examination conducted by Jharkhand academic Council and they have pass the teacher eligibility test TET examination and they are working since about last 5-17 years. Their services be regularized as per their seniority by the state of Jharkhand / Deputy Commissioner concerned considering 1,50,000 (One lakh fifty thousand) vacancy of teachers in different School of Jharkhand from primary level to middle level in all 24 districts.

Further direct the respondents to appoint the petitioners against sanctioned post on the vacant post of Assistant Teachers on the basis of valid appointment from the post of para teachers by following the law constitution and also their service on the post of Assistant Teachers because they have already completed 240 days continuation of service. The petitioners appointment was made by regular basis on recommendation confirmation approval of Deputy Commissioner / Chairman District Education Committee.

Further it is prayed that the salary of para teachers may kindly be paid regularly month to month so they may not put in financial-hardship.

Further respondent state may kindly be directed to pay the salary of the para teachers equivalent to salary paid to other Assistant Teachers, other allowances in which these para teachers are working in the schools where they are working as para teachers in the same capacity, in which Assistant Teachers are working holding the same qualification and they passed the Teacher Eligibility Test Examination working as a para teacher conducted by Jharkhand Academic Council Ranchi on the sanctioned post of Assistant Teachers. Further it is prayed that the Rule framed vide notification no. 1632 dated 05.09.2012 is ultra vires and against the constitutional provision of article 14, 16 and 21 of the Constitution of India against the principle of natural justice, depriving the para teachers, who are working since last 5 to 17 years, they are fully qualified and they have passed the Teacher Eligibility Test Examination no provision has been made regularization of the

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services as per their seniority, the post of Assistant Teachers to para teachers of all 24 districts of Jharkhand.

Further respondent state of Jharkhand through the Chief Secretary, Government of Jharkhand/Secretary HRD, Govt. of Jharkhand, may kindly be directed to call for the rule / regulations framed by the state of Bihar, U.P., M.P. Chhattisgarh, Orissa, Madras, Jammu and Kashmir, Assam and other state Govt. regarding the regularization from the post of para teacher on the vacant post of teacher in the Primary/Middle schools on the basis of seniority and passing the Teacher Eligibility Test examination, the service of para teachers working since 5 to 17 years also be regularized in vacant post of Assistant Teachers from para teacher as per their seniority on the basis of rules/ regulations framed by States as stated above and respondent state Govt. in the interest of children of the Govt. run Primary / Middle Schools class I to V and class VI to VIII.

Further we also pray before this Hon'ble Court for quashing the part of memo no. 1632 dated 05.09.2012 (Annexure -2 to this writ application) issued by the department of Human Resources (HRD) and letter no. 1348 dated 13.02.2015, ignoring the claim of pare teachers who are working since 5 to 17 years without break of service issued by the Department of Personnel, Administrative Reforms, Govt. of Jharkhand, by which the date has been fixed that the Govt. will regularize the services of the persons who completed their service 10 years before 07.10.2006 following the direction given by the Hon'ble Supreme Court of India for regularization of service mentioned in the order passed by the Hon'ble Supreme Court of India."

It is submitted at bar that the issue in question is no longer res integra and is covered by the judgment dated 16.12.2022 rendered by a Division Bench of this Court in W.P. (S) No. 315 of 2016 and other connected matters, titled Sunil Kumar Yadav and others Vs. The State of Jharkhand and others.

For the reasons set out in the aforesaid judgment, which shall apply mutatis mutandis to the instant case, the writ petition is dismissed, leaving the parties to bear their own costs.

Pending Interlocutory Application, if any, stands disposed of.

(Tarlok Singh Chauhan, C.J.)

(Rajesh Shankar, J.) 24.11.2025 APK/VK

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