Malti Das vs The State Of Jharkhand Through Its ...
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Jharkhand High Court

Malti Das vs The State Of Jharkhand Through Its ... on 27 January, 2026

Author: Deepak Roshan

Bench: Deepak Roshan

                                                                     2026:JHHC:2193


          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P. (S) No. 7051 of 2019
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Malti Das, (aged about 54 years), daughter of Late Upendra Nath Das, resident of Gandih Nagar, Dumka, P.O. & P.S.-Dumka, District-Dumka ... Petitioner Versus

1. The State of Jharkhand through its Secretary, School Education & Literacy Department, Government of Jharkhand, Project Building, P.O. & P.S.Dhurwa, Distt.-Ranchi

2. The Director, Secondary Education, School Education & Literacy Department, Government of Jharkhand, Project Building, P.O. & P.S.Dhurwa, Distt.-Ranchi

3. The District Education Officer, P.O. & P.S.-Dumka, District- Dumka

4. The Principal, +2 Government Girls High School, Dumka, P.O. & P.S.-Dumka, District-Dumka ...Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner(s) : M/s. Ankit Kumar, Advocate For the State : Mrs. Shweta Shukla, A.C to AAG-II

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08/27.01.2026 I.A. No. 1179 of 2026

Looking to the averments made in the instant

Interlocutory Application, the I.A. No. 1179 of 2026 is allowed

and the defects as pointed out by the Registry are hereby

ignored.

2. Accordingly, the instant I.A stands disposed of.

3. The instant writ application has been preferred

by the Petitioner for the following reliefs:

(i) For quashing of the order as contained in memo no. 2645 dated 26.09.2018 (Annexure - 12) passed by the respondent no.2, which also stood communicated vide letter no. 1351 dated 29.10.2018 issued by the respondent no. 3, whereby the services of the petitioner has been terminated with immediate effect in exercise of power conferred under para-14(xi) of "Jharkhand Sarkari Sewak (Wargikaran, Niyantran Awam Appeal) Niyamawali, 2016" on the ground that in the initial appointment of the petitioner, no procedure has been followed for such appointment and no reservation rules has been followed and also by non-obtaining of roaster clearance of the post advertised;

(ii) For commanding upon the respondents to consider the case of the petitioner and grant her salary and other consequential benefits of the period during which the petitioner remained dismissed from her service;

4. Learned counsel for the Petitioner submits that

this case relates to termination of the Petitioner on the ground

that her initial appointment was illegal as proper procedure

was not adopted. He further submits that Coordinate Bench

of this Court in W.P.(S) No. 6023 of 2018 after relying on

several judgments of Hon'ble Supreme Court has decided the

case in favour of that petitioner and in a sense the issue

raised in the instant writ application has been settled and the

Petitioner of W.P(S) No. 6023 of 2018, whose case is same and

similar to this Petitioner has been given consequential

benefits; as such, similar benefits should be extended to this

petitioner.

5. Learned counsel for the State fairly admits the

aforesaid scenario.

6. Having regard to the aforesaid facts and

circumstances of the case and in the light of the order

passed by Coordinate Bench of this Court in W.P.(S) No.

6023 of 2018, the instant writ application is also allowed and the impugned order dated 26.09.2018 (Annexure-12) is

quashed and set aside with a direction that consequential

benefits be paid to her in the same manner what has been

paid to the Petitioner of W.P(S) No. 6023 of 2018. The entire

exercise shall be completed within a period of 12 weeks.

7. Accordingly, the instant writ application stands

allowed.

(Deepak Roshan, J.)

27th January, 2026 Jk Uploaded on 04/02/2026