Vivekanand Tiwari vs The State Of Jharkhand
2026 Latest Caselaw 535 Jhar

Citation : 2026 Latest Caselaw 535 Jhar
Judgement Date : 30 January, 2026

[Cites 0, Cited by 0]

Jharkhand High Court

Vivekanand Tiwari vs The State Of Jharkhand on 30 January, 2026

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                                 2026:JHHC:2444




     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cont. Case (Civil) No.774 of 2024
                                 -----

1. Vivekanand Tiwari, son of Sri Ram Chandra Mandal, resident of Taljhari, P.O. & P.S. Taljhari, District Sahibganj.

2. Binay Kumar Jha, son of Late Gangadhar Jha, resident of Teachers Colony, P.O. & P.S. Sahibganj, District Sahibganj.

3. Shravan Kumar Mahawar, son of Deendayal Mahawar, resident of Flat E-1604, Ace City, Sector-1, Noida Extension, Greater Noida, P.O. & P.S. Gautam Buddha Nagar, District Noida.

4. Jagdish Pandit, son of Shri Dhari Pandit, resident of Ratara Chowk, Gali No.3, Lagwashini Nagar, Godda, P.O., P.S. & District Godda.

5. Bipin Bihari Pathak, son of Late Chintamani Pathak, resident of 5A/55, North S. K. Puri, Patna, P.O. S. K. Puri, P.S. Patliputra, District Patna (Bihar).

.......... Petitioners.

-Versus-

1. The State of Jharkhand

2. Uma Shankar Singh, Secretary, School Education & Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi.

3. Utkash Gupta, Director, School Education & Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi.

4. Hemant Sati, Deputy Commissioner, Sahibganj.

5. Kumar Harsh, District Superintendent of Education, Sahibganj.

.......... Opp. Parties.

-----

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioners : Mr. Din Dayal Saha, Advocate For the State : Mrs. Nirupama, AC to Sr. SC-II

-----

Order No.23 Date: 30.01.2026

1. The present contempt case was last taken up on 16th January,

2026 and on the said date following was passed:-

"1. Mrs. Nirupama, learned A.C. to Sr. S.C.-II, produces copies of revised pension orders, gratuity payment orders and office orders with respect to the differential leave encashment on the revised scale of the petitioners-Vivekanand Tiwari and Shrawan Kumar Mahawer. She prays for a short adjournment to bring on record the aforesaid documents relating to the other petitioners.

2. Considering the said prayer, put up this case under the same heading on 30.01.2026.

2026:JHHC:2444

3. It is made clear that no further time shall be granted to the opposite parties for the said purpose."

2. Pursuant to the aforesaid order, a show cause affidavit dated 22nd

January, 2026 has been filed on behalf of the Deputy

Commissioner-cum-Chairman, District Education Establishment

Committee, Sahibganj (opposite party no.4) and District

Superintendent of Education, Sahibganj (opposite party no.5).

3. Mrs. Nirupama, learned AC to Sr. SC-II refers to paragraph 6 of

the said show cause affidavit, which reads as under:-

"6. That in compliance with the order passed by this Hon'ble Court, the pension of the petitioners has been duly revised and the Graduate Trained scale has been granted with effect from date the of training. Consequential benefits, including revised gratuity, revised pension, leave encashment, and arrear differences, have also been extended to all the five petitioners."

4. It is, thus, submitted that the order dated 14th July, 2016 passed

in W.P.(S) No.994 of 2004 has now been complied by the

opposite parties.

5. As against this, learned counsel for the petitioners submits that

the opposite parties have committed gross error in fixing

graduate trained pay scale of the petitioners as a result of which

lesser amount of consequential benefits including revised

gratuity, revised pension, leave encashment and difference of

salary has been paid to them.

6. Be that as it may.

7. Since in compliance of the aforesaid order of this Court, the

admitted amount of consequential benefits has already been paid