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Jharkhand High Court
Sunil Kumar Jain S/O Sukhlal Jain Aged ... vs The State Of Jharkhand Through The ... on 5 February, 2026
Author: Ananda Sen
Bench: Ananda Sen
2026:JHHC:3100
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2959 of 2025
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1. Sunil Kumar Jain s/o Sukhlal Jain aged about 53 years r/o Vill- Isri
Bazar, P.O. Isri Bazar, P.S.- Nimiyaghat, district-Giridih presently
working as Head Master of P.N.D Jain High School, Isri.
2. Sangita Jain w/o Manoj Kumar Jain, aged about 57 years, r/o Vill- Isri
Bazar, P.O. Isri Bazar, P.S.-Nimiyaghat, District-Giridih; presently
working as Assistant Teacher at P.N.D Jain High School, Isri.
3. Shyam Kumar Singh s/o Ganpati Nath Singh aged about 55 years, r/o
Hunaman Nagar, Markham College, P.O. & P.S.- Hazaribagh, District-
Hazaribagh; presently working as Assistant Teacher at P.N.D Jain High
School, Isri.
4. Pramod Kumar Yadav s/o Duryodhan prasad Yadav, aged about 60
years r/o Vill- Isri Bazar, P.O.- Isri Bazar, P.S.- Nimiyaghat, District-
Giridih; retired as Assistant Teacher from P.N.D Jain High School since
March 31, 2025, Isri.
5. Devesh Kumar s/o mohan Lal prasad aged about 43 years r/o Vill- Isri
Bazar, P.O. Isri Bazar, P.S.-Nimiyaghat, District-Giridih; presently
working as Assistant Teacher at P.N.D Jain High School, Isri.
6. Rajat Jain s/o Rajendra Kumar Jain aged about 47 years r/o Vill- Isri
Bazar, P.O.- Isri Bazar, P.S.- Nimiyaghat, District-Giridih; presently
working as Assistant Teacher at P.N.D Jain High School, Isri.
7. Ruplal Prasad Mandal s/o Anup Mahto aged about 48 years r/o Vill-
Dhargulli, P.O.- Dhargulli, P.S.- Bagodar District- Giridih presently
working as Assistant Teacher at P.N.D Jain High School, Isri.
8. Subrat Kumar Samant s/o Sapan Kumar Samant aged about 49 years
r/o, 165 Vill- Isri Bazar, P.O.- Isri Bazar, P.S. Nimiyaghat, District-
Giridih; presently working as Assistant Teacher at P.N.D Jain High
School, Isri.
9. Dayanand Kumar s/o Tribhuwan Nath Poddar, aged about 50 years r/o
Ramnagar (Fakir Chak), jhapa P.O-dadpur, P.S. Chouparan, District
Hazaribagh; presently working as Assistant Teacher at P.N.D Jain High
School, Isri.
10. Vivek Jain s/o Vinod Kumar Jain, aged about 40 years r/o Hamidganj
Ward, P.O.- Daltonganj, P.S.-Medininagar, District- Palamu, presently
working as Assistant Teacher at P.N.D Jain High School, Isri.
11. Sanjeev Kumar Jain s/o Kamlesh Kumar aged about-32 years r/o 102,
Near Middile School, P.O- Bara, P.S- Sagar, District- Sagar, Madhya
Pradesh, presently working as Assistant Teacher at P.N.D Jain High
School, Isri.
12. Vaibhav Rani w/o Ravi Kant aged about 35 years r/o Vill- Ganipur, P.O,
& P.S.- Mushari, District- Muzaffarpur, Bihar; presently working as
Assistant Teacher at P.N.D. Jain High School, Isri.
13. Atwari Mahto, s/o Kamal Mahto, aged about 55 years, r/o Railway
Station, Isri Bazar, P.o- Isri Bazr, P.S.-Nimiyaghat, District- Giridih;
presently working as Peon at P.N.D. Jain High School, Isri;
14. Ravindra Kumar s/o Jagdish Singh, aged about 47 years r/o Vill-
Siyarangi, P.O. Kumarlalo, P.S- Pirtaand, District- Giridih, Presently
working as Peon at P.N.D. Jain High School, Isri; .. Petitioner(s)
1
2026:JHHC:3100
-Versus-
1. The State of Jharkhand through the Secretary, School Education and
Literacy Department, Govt. of Jharkhand, at Dhurwa, Ranchi.
2. The Director, Secondary Education, Department of School Education
and Literacy, Govt. of Jharkhand, at Dhurwa, Ranchi.
3. The District Commissioner, Giridih.
4. The District Education Officer, Giridih.
5. Pradeep Kumar Jain, son of Shri Pooronmal Jain, resident of P.M.P.K.
House, S. N. Ganguly Road, P.S- Kotwali, P.O- GPO, Ranchi.
...Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the petitioner(s): Mr. Ranesh Anand, Advocate.
For the State Mr. J.F. Toppo, GA-V.
Ms. Moushmi Chatterjee, AC to GA-V
For Resp. No. 5 Mr. Indrajit Sinha and Rishabh Kaushal, Advocates.
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04/05.02.2026: Heard the parties.
2. Non-payment of salary since January-2025 to the employees i.e.
teaching and non-teaching staff of Parasnath Digambar Jain High School
(hereinafter to be referred as 'the school') has prompted the petitioners, who
are the teaching and non-teaching staff, to knock the door of this Court.
3. It is the case of the petitioners that because of factional disputes
amongst the members of the Managing Committee of the school, the District
Education Officer, Giridih has issued the impugned order, as contained in
Memo No. 707 dated 5.5.2025 (Annexure-9), intimating the Headmaster of
the school, not to make any payment of salary to the teaching and non-
teaching staff of the school, till the dispute amongst the members of the
Managing Committee is resolved and a fresh election is held.
4. Learned counsel for the petitioners submits that the petitioners,
who are the teaching and non-teaching staff of the school, cannot be
penalized for the factional dispute amongst the members of the Managing
Committee. It is the teachers and non-teaching staff, who admittedly are
discharging their duties, but since 2025, they are not being paid their
salaries. As per him, the school is a minority aided institution where grant in
aid is given by the State, but because of the direction of the District
Education Officer (DEO), the salaries of the petitioners have been stopped
thus it has become very difficult for the teaching and non-teaching staff of the
school to maintain their families. He prays that respondents be directed to
transmit the salaries to the teaching and non-teaching staff directly in their
2026:JHHC:3100
bank accounts.
5. Mr. Indrajit Sinha, learned counsel for one of the factions i.e.
respondent No. 5, submits that they are the elected members of the
governing body and since some of the persons with vested interest have
challenged their election, the D.E.O. has passed the aforesaid impugned
order. He submits that the State has also directed the Committee to hold
fresh elections. He fairly submits that the teaching and non-teaching staff
should not suffer because of the internal dispute. He raises a concern that if
the amount is directly paid, no accounts can be maintained which will later on
give rise to several other complications and problems. He submits that
respondent No. 5 would not oppose if an administrator is appointed
maintaining the independent status of the school. He lastly submits that a
direction be given to hold the election of the Managing Committee as early
as possible.
6. Learned counsel for the State submits that since the school was
being mis- managed due to internal rivalry of both the factions, to safeguard
public money, the District Education Officer has directed the Principal of the
school not to disburse the salaries to any teaching or non-teaching staff. He
also submits that the direction has been given to hold the election at the
earliest.
7. Considering the dispute and the relief(s), as sought for in this
petition, I am not entering into the dispute, which is subsisting amongst the
members of the Managing Committee. It is for the members of the Managing
Committee to hold the elections.
8. The fact, which is undisputed from the arguments is that the
salaries of teaching and non-teaching staff of the school are not being paid
because of the dispute amongst the members of the Managing Committee.
The members of the Managing Committee may have their own difference
and dispute, but that should not impact the teachers and non-teaching staff
of the school. Any impact on the teaching and non-teaching staff, it will
directly have an effect upon the students, which should be avoided. Further
due to the dispute amongst the Managing Committee members, salary of the
teachers and staff of the School cannot be withhold.
In this case, because of the said dispute, teaching and non-teaching
staff of the school are not being paid their regular salary from January 2025.
2026:JHHC:3100
One year and one month have elapsed and the said staff are without salary,
which is unfortunate.
9. Thus to resolve the problem, this Court appoints the learned
Principal District Judge, Giridih to act as an Administrator only for a limited
purpose to oversee payment of monthly salary to the teaching and non-
teaching staff and to keep an account of such payment. This is absolute ad
hoc arrangement which will continue till the Managing Committee is legally
constituted. Once the Managing Committee is constituted, the Principal
District Judge, Giridih will be absolved from this responsibility. The District
Education Officer, Giridih will assist the Principal District Judge in this work.
10. So far as day to day expenses are concerned, the expenditure
should be made by the Principal of the school, from the regular fund, and
the statement of the weekly expenditure should be forwarded to the District
Education Officer as well as the Principal District Judge, Giridih. It is made
clear that there will not be any capital expenditure made from the said fund
till the new Managing Committee is duly constituted.
11. The State will release the salary of teaching and non-teaching
staff, which is due from January 2025 at the earliest for which the bills will be
furnished within two weeks, which will be duly authenticated by the Principal
District Judge, Giridih. All the paraphernalias will be completed with the
assistance of the District Education Officer, Giridih, who will cooperate with
the Principal District Judge at all point of time. It is also made clear that the
arrears of salaries of the staff from January 2025 to January 2026 be paid
within four weeks from today itself, thereafter month to month salary will be
paid to all teaching and non-teaching staff of the school on regular basis.
12. With the aforesaid observations and directions, this writ petition
stands disposed of.
13. Pending interlocutory application, if any, also stands disposed of.
14. Let copy of this order be immediately faxed to the Principal
District Judge, Giridih, the Deputy Commissioner, Giridih and the District
Education Officer, Giridih.
05th February 2026 (ANANDA SEN, J.)
Anu-Cp2.
Uploaded on: 06 February, 2026.
