Jharkhand High Court
2025:Jhhc:26648-Db vs The State Of Jharkhand on 2 September, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:26648-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6436 of 2022
1. Santosh Kumar Sinha, Aged about- 40 years, Son of Basudeo
Prasad, Resident of Village at Buxidih, P.O. Chaitadih, P.S.
Pachamba, District- Giridih, Jharkhand.
2. Vikash Kumar Singh, Aged about- 40 years, Son of Surendra
Prasad Singh, Resident of Village Chittardih, P.O. Chittardih, P.S.
Jamua, District- Giridih, Jharkhand.
3. Md. Kalimuddin Ansari, Aged about- 53 years, Son of Md. Akbar
Miyan, Resident of Village Mathadih, P.O. Chaitadih, P.S.
Pachamba, District- Giridih, Jharkhand.
4. Churaman Kumar Ram, Aged about- 42 years, Son of Raj Kumar
Das, Resident of Village- Khariyodih, P.O. Karharbari, P.S.
Pachamba, District-Giridih, Jharkhand.
5. Shabana Tasneem, Aged about- 43 years, Wife of Noushad
Ansari, Resident of Village Khariyodih, P.O. karharbari, P.S.
Giridih, District- Giridih, Jharkhand.
6. Karu Tudu, Aged about 47 years, Son of Madan Tudu, Resident of
Village- Gondalitand, P.O. Gadi Sirsiya, P.S. Gandey, District-
Giridih, Jharkhand.
7. Md. Abu. Hassan, Aged about- 38 years, Son of Md. Usman
Ansari, Resident of Village at Yogitand, P.O. Chaitadih, P.S. Giridih
Muffasil, District- Giridih, Jharkhand.
8. Shankar Prasad Yadav, Aged about 42 years, Son of Vaidyanath
Yadav, Resident of Village Nawadih, P.O. Khudisar, P.S. Dumri,
District- Giridih, Jharkhand.
9. Md. Basiruddin, Aged about- 37 years, Son of Md. Safik Ansari,
Resident of Village Murkundo, P.O. Khudisar, P.S. Dumri, District-
Giridih, Jharkhand.
10. Basudev Yadav, Aged about 43 years, Son of Ganesh Gope,
Resident of Village Muraina, P.O. Rupaidih, P.S. Birni, District-
Giridih, Jharkhand.
11. Hiralal Kumar Das, Aged about- 38 years, Son of Khublal Rabidas,
Resident of Village Muraina, P.O. Rupaidih, P.S. Birni, District-
Giridih, Jharkhand.
12. Harihar Modi, Aged about- 53 years, Son of Arjun Modi, Resident
of Village at Kapilo, P.O. Rupaidih, P.S. Birni, District- Girdih,
Jharkhand.
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2025:JHHC:26648-DB
13. Kokil Prasad Verma, Aged about- 37 years, Son of Gaango Mahto,
Resident of Village- Dharampur, P.O. Dwar Pahari, P.S. Birni,
District- Giridih, Jharkhand.
14. Chintu Pd. Kushwaha, Aged about 38 years, Son of Jaydeo Mahto,
Resident of Village- Kurumdiha, P.O. Leda, P.S. Giridih, District-
Giridih, Jharkhand.
15. Vinita Kumari, Aged about- 36 years, Wife of Rajendra Prasad
Yadav, Resident of Village- Bandiyabad, P.O. Bandiyabad, P.S.
Bengabad, District- Giridih, Jharkhand.
16. Sanjay Kumar Yadav, Aged about- 34 years, Son of Lattu Mahto,
Resident of Village- Budhiyadhako, P.O. Bariyabad, P.S.
Bengabad, District- Giridih, Jharkhand.
17. Anil Kumar Yadav, Aged about- 34 years, Son of Basudev Kumar
Yadav, Resident of Village at Sihodih, P.O. Sirsiya, P.S. Giridih,
District- Giridih, Jharkhand.
18. Dinesh Mandal, Aged about- 39 years, Son of Shri Janki Mandal,
Resident of Village- Jeetkundi, P.O. Khudisar, P.S. Dumri, District-
Giridih, Jharkhand.
19. Tribhuwan Vishwakarma, Aged about- 39 years, Son of Dular
Chand Vishwakarma, Resident of Village-Alagadeshi, P.O. Kubari,
P.S. Dhanwar, District- Giridih, Jharkhand.
20. Annugrah Kumar Suman, Aged about- 42 years, Son of
Raghunandan Saw, Resident of Village- Gumgi, P.O. Gumgi, P.S.
Tisri, District- Giridih, Jharkhand.
21. Amar Kumar Suman, Aged about 50 years, Son of Shyamkali Devi,
Resident of Village Bengabad, P.O Bengabad, P.S. Bengabad,
District-Giridih, Jharkhand
22. Nand Kishor Yadav, Aged about- 48 years, Son of Chetlal Yadav,
Resident of Village Chaudharidih, P.O. Bengabad, P.S. Bengabad,
District- Giridih, Jharkhand.
23. Ashok Vishwakarma, Aged about 51 years, Son of Sukhdeo Mistri
Birki, Resident of Village Pawapur, P.O. Sariya, P.S. Sariya,
District- Giridih, Jharkhand.
24. Rajendra Prasad Vishwakarma, Aged about- 40 years, Son of
Ayodhya Rana, Resident of Village Bangra Kala Nawadih, P.O.
Bangra Kala, P.S. Birni, District - Giridih, Jharkhand.
... ... ... ... ... ... Petitioners
Versus
1. The State of Jharkhand.
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2025:JHHC:26648-DB
2. The Chief Secretary, Government of Jharkhand, P.O. and P.S.:-
Dhurwa, Dist. Ranchi, Jharkhand.
3. The Principal Secretary, Department of personnel, Raj Bhasa &
Administrative Reforms, Government Of Jharkhand, Project
Bhawan, P.O. and P.S. Dhurwa, Dist: Ranchi, Jharkhand.
4. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand Project Bhawan, Dhurwa,
P.O & P.S. Dhurwa, Dist: Ranchi, Jharkhand.
5. The Director, Primary Education, Human Resources Development
Department, Government of Jharkhand, Project Bhawan Dhurwa,
P.O and P.S. Dhurwa, Dist: Ranchi, Jharkhand.
6. The Director, Jharkhand Education Project Council Project New
Co-Operative Building Shyamli, P.O. And P.S.- Doranda, Dist:
Ranchi, Jharkhand.
7. The Deputy Commissioner Giridih, P.O. and P.S. Giridih, Dist.-
Giridih, Jharkhand.
8. The Deputy Superintendent Education, Giridih, P.O. and P.S. -
Giridih, Dist. Giridih, Jharkhand.
... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Ms. Nisha Kumari, Advocate
Mr. Ankit Apurva, Advocate
For the Respondents: Mr. Suraj Prakash, AC to SC VII.
For the JEPC: Mr. Krishna Murari, Advocate
Mr. Raj Vardhan, Advocate
---------
06/Dated: 02.09.2025
1) This instant writ petition has been filed for grant of following
reliefs:
"a) To quash the part of notification no. 1632 dated
05.09.2012 (Annexure-1) containing the Rules framed by
department of Human Resource Development, Govt. of
Jharkhand regarding appointment of teachers and
instructors in elementary schools coming under
2025:JHHC:26648-DB
Directorate of Education, Department of HRD, since, the
same being ultra-vires of Article 14, 16 & 21 of the
Constitution of India as no provision has been made for
regularisation/adjustment of service of such Para
Teachers and Assistant Teachers who are well qualified
having TET certificate and have been discharging the
duties for the last 5-15 years in different Government
Schools.
b) Further to quash the part of notification no. 1348 dated
13.02.2015(Annexure-3) issued by Department of
Personnel, Government of Jharkhand by which a Rule in
exercise of power conferred under Article 309 of the
Constitution of India has been framed regarding
regularisation/adjustment of service of all such
employees under State Government who have irregularly
been appointed and working for the last 10 years on or
before 07.10.2006 (cut off date), while considering the
fact that the respondents while framing the rule regarding
regularisation/adjustment have not considered the
position of Para Teachers like the petitioners who have
been appointed / engaged only in the year 2003 and on
subsequent dates under Sarv Siksha Abhiyan i.e. the
policy of Govt. of India and this cut-off date have been
fixed doesn't bring the petitioners for consideration for
regularisation/adjustment since, none of the Para
2025:JHHC:26648-DB
Teachers can show uninterrupted service of 10 years on
or before the cut-off date.
c) For issuance of appropriate direction upon the
Respondents authorities to regularize the
appointment/services of the petitioners (Para Teachers)
as per their seniority whereby these Para Teachers who
were appointed by the concerned District Authority i.e.
Deputy Commissioner for teaching in the schools of
Jharkhand from block to district level after duly passing
the Teachers Eligibility Test (TET) examination
conducted by Jharkhand Academic Council and they are
rendering their services for the last 5-15 years in Govt.
Schools in class I to class V & class VI to class VIII, while
also considering the facts that around 1,50,000 vacancies
of Assistant Teachers are there in different schools of
Jharkhand from Primary to Middle Level in all 24 districts
and moreover other States have not only taken a policy
decision with respect to regularisation/adjustment of
service of Para Teachers but even regularised also.
d) For issuance of appropriate direction upon the
Respondents authorities to appoint the petitioners against
the sanctioned post and on the vacant post of Assistant
Teachers since they have validly been appointed by the
concerned Deputy Commissioner /Chairman District
Education Committee and moreover completed more
than 240 days of un-interrupted service.
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e) The petitioner further pray for issuance of appropriate
directions upon the respondents authorities to pay them
on the principle of equal pay for equal work the salary
and other benefits at par with other Assistant Teachers
working in different Govt. Schools while appreciating the
fact that these petitioners as a Para Teachers are
discharging same nature of job, having same qualification
but are getting honorarium.
2) The parties are ad-idem that the issues involved in this lis is no
longer res integra in view of the judgment rendered by the
learned Division Bench of this Court in the batch of petition
leading with W.P.(S) 315 of 2016 decided on 16.12.2022.
3) For the reasons stated in the said judgment which shall apply
mutatis mutandis to the instant lis, the writ petition is dismissed
leaving the parties to bear their costs.
(Tarlok Singh Chauhan, C.J.)
NAFR (Rajesh Shankar, J.)
Sharda/MM/
Cp.02
