Jyoti Chawda vs The State Of Jharkhand
2025 Latest Caselaw 5522 Jhar

Jharkhand High Court

Jyoti Chawda vs The State Of Jharkhand on 4 September, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                2025:JHHC:26887




             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No.4812 of 2025
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Jyoti Chawda, W/o Vijay Kumar, R/o Ranibandh Road No.3, Dhiya, P.O. ISM, P.S. Dhanbad, District Dhanbad. ... ... Petitioner Versus

1. The State of Jharkhand, through Principal Secretary, School Education & Literacy Department, Government of Jharkhand, at Project Building, Dhurwa, P.O. + P.S. Dhurwa, District Ranchi.

2. The Director, Directorate of Primary Education, School Education & Literacy Department, Government of Jharkhand, at Project Building, Dhurwa, P.O. + P.S. Dhurwa, District Ranchi.

3. The Deputy Commissioner, Dhanbad, at P.O., P.S. & District Dhanbad.

4. The District Superintendent of Education, Dhanbad, at P.O. + P.S. Dhanbad, District Dhanbad.

... ... Respondents

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              CORAM        : SRI ANANDA SEN, J
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   For the Petitioner(s) :     Mr. Mukesh Bihari Lal, Advocate
                               Mr. Avilash Kumar, Advocate
   For the Respondent(s):      Mr. Vishal Kr. Rai, AC to GA-IV
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03/ 04.09.2025

Heard learned counsel representing the petitioner and

learned counsel representing the respondents.

2. It is the case of the petitioner that the petitioner is entitled

to get the notional benefit of Grade-IV Pay from the date of

appointment.

3. Learned counsel representing the petitioner 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 deceased,

are entitled to get the notional benefit of Grade-1, Grade-2, Grade-3

2025:JHHC:26887

& Grade-4 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 petitioner has filed a representation before

the District Superintendent of Education, Dhanbad, but no decision

has yet been taken.

4. Learned counsel representing the respondent-State

submits that if the petitioner files a fresh representation annexing the

judgments of the High Court, her case will be considered.

5. Considering the aforesaid submission, I direct the

petitioner to file a detailed representation before the District

Superintendent of Education, Dhanbad, annexing all the documents

which she relies 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 petitioner, the reasons thereof should be

communicated to the petitioner.

8. Before parting, I direct the Director, Directorate of Primary

Education, School Education & Literacy Department, 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 similarly situated persons will get the same

2025:JHHC:26887

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, Directorate

of Primary Education, School Education & Literacy Department,

Government of Jharkhand.

(ANANDA SEN, J.)

Prashant.Cp-2