Jharkhand High Court
Ganesh Prasad Mandal vs The State Of Jharkhand on 4 September, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:26938
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4829 of 2025
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1. Ganesh Prasad Mandal, S/o Late Basudev Mandal, R/o Village
Bank, P.O. Ghormara, P.S. Mohanpur, District Deoghar,
Jharkhand.
2. Janardan Prasad Singh, S/o Late Sitanath Singh, R/o Village
Nakri, P.O. Lakhoriya, P.S. Sarwan, District Deoghar, Jharkhand.
... ... Petitioners
Versus
1. The State of Jharkhand, through the Principal Secretary, School
Education and Literacy Department, having its office at Project
Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
2. The Director, Primary Education, School Education and Literacy
Department, having its office at Project Building, Dhurwa, P.O. &
P.S. Dhurwa, District Ranchi.
3. The Deputy Commissioner, Deoghar, P.O. & P.S. Deoghar, District
Deoghar, Jharkhand.
4. The District Superintendent of Education, Deoghar, P.O. & P.S.
Deoghar, District Deoghar, Jharkhand.
5. The Accountant General (A & E), 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. Arvind Kumar Choudhary, Advocate
For the Respondent(s): Mrs. Nirupama, AC to Sr. SC-II
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04/ 04.09.2025
Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
2. It is the case of the petitioners that they 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
2025:JHHC:26938
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 a representation before the
Superintendent of Education, Deoghar, but no decision has yet been
taken.
4. Learned counsel representing the respondent-State
submits that if the petitioners file their respective 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 respective detailed representation before the
District Superintendent of Education, Deoghar, 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.
6. The representation must be filed within a period of four
weeks. If such representation is 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. 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
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similarly situated persons will get the same benefits without they
being forced to approach this Court.
9. With the aforesaid directions, this writ petition stands
disposed of.
10. 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
