Jharkhand High Court
Vijoy Kumar vs The State Of Jharkhand on 10 May, 2022
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3115 of 2015
----
Vijoy Kumar, Son of Shri Doman Saw, Resident of
Chandwa, P.O. & P.S.-Chandwa, Dist-Latehar,
Jharkhand ... ... Petitioner(s)
Versus
1.The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, At-Project building, P.O. & P.S-Dhurwa,
Dist-Ranchi.
3.The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project building,
P.O. & P.S-Dhurwa, Dist-Ranchi.
4.The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
building, P.O. & P.S-Dhurwa, Dist-Ranchi.
5.Hindi Vidyapith, Deoghar.
... ... Respondents
with
L.P.A. No. 430 of 2014
----
1.Mary Bibiana Minz, wife of Willam Bara, resident of
Village Dipugarha, P.O. Hazaribag, P.S. Sadar, District
Hazaribag.
2.Siwanti Raja Ram Kakde, wife of Bodhan Saw, resident
of Village Sulami, P.O. Lapung, P.S. Katkamsandi,
District Hazaribag. ... ... Appellant (s)
Versus
1.The State of Jharkhand.
2. The Secretary, Primary, Secondary and Higher
Education, Human Resources Development Department,
Government of Jharkhand, Ranchi, P.O. & P.S-Dhurwa,
District-Ranchi.
3. The Director, Primary Education, Human Resources
Development Department, Government of Jharkhand,
Ranchi, P.O. & P.S-Dhurwa, District-Ranchi.
4.The Secretary, Department of Personnel, Administrative
Reforms and Raj Bhasa Department, Government of
Jharkhand, P.O. & P.S-Dhurwa, Dist-Ranchi.
5. Bal Krishna Singh, Headmaster, Government Basic
School, Chitarpur, at, P.O. and P.S. Chitarpur, District
Ramgarh.
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6.Smt. Kiran Kumari daughter of Late Nareshwar
Upadhaya, residing near Chatra College, P.O., P.S. and
District Chatra.
7. Raj Kumar Singh son of Late Hari Lal Singh, Assistant
Teacher, Government Basic School, Thuthi, P.O.
Lohandi, P.S. and District Hazaribag.
8. Kishore Kumar son of Sri Somar Sao, Assistant
Teacher, Government Basic School, Bachhai, P.O.
Singhrawan, Chouparan, P.S. Chouparan, District
Hazaribag.
9. Parmeshwar Sao son of Sri Dukhan Sao, Assistant
Teacher, Government Basic School, Simariya, Chatra,
P.O. and P.S. Chatra, District Chatra.
10. Jawahar Prasad son of Late Roop Lal Sahu, Assistant
Teacher, Government Basic School, Simariya, P.O. and
P.S. Chatra, District Chatra.
11.Kaushal Kishore Choubey son of Bindeshwari
Chaubey, resident of Village Tatra, P.O. Chatra, P.S. and
District Chatra. ... ... Respondents
with
W.P. (S) No. 806 of 2015
----
Vishnu Manjhi, son of Late Mahindri Manjhi, resident of
Village Lawa (Bahedadih), P.O. Seemagunda, P.S.
Nimdih, District Saraikella-Kharsawan.
... ... Petitioner(s)
Versus
1. State of Jharkhand through Secretary Water
Resources Department, Govt. of Jharkhand Nepal House,
Doranda, Ranchi, P.O. & P.S. Doranda, District Ranchi.
2.Deputy Commissioner cum Chairman District
Compassionate Establishment Committee, East
Singhbhum, P.O. Sakchi, P.S. Bistupur, District East
Singhbhum.
3.Secretary, Personnel and Administrative Reforms and
Rajbhasha, Govt. of Jharkhand, Project Building, Durwa,
P.O. & P.S. Dhurwa, district Ranchi.
4.Special Land Acquisition Officer No.3 Subernrekha
Project Adityapur, P.O. & P.S. Adityapur, District
Saraikella-Kharsawan.
5.Establishment Deputy Collector, East Singhbhum, P.O.
Sakchi, P.S. Bistupur, District East Singhbhum.
... ... Respondents
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with
W.P. (S) No. 2597 of 2015
----
Yasheen Ansari S/o Late Md. Ansari, R/o Vill-
Uprbandha, P.O. Jumbad, P.S-Hiranpur, Dist-Pakur,
Jharkhand. ... ... Petitioner(s)
Versus
1. The State of Jharkhand.
2. The Chief Secretary State of Jharkhand, P.O. & P.S-
Dhurwa, Distt-Ranchi.
3. Deputy Commissioner, P.O & P.S. Dist Pakur.
... ... Respondents
with
W.P. (C) No. 5588 of 2015
----
Anita Rani Mahato, daughter of Shri Sudarshan Mahato,
resident of Sapchalo, Post Sapchalo, Police Station
Masliya, District Dumka. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi, officiating from -Project Bhawn,
Post-Dhurwa, Police Station Jagarnathpur, District-
Ranchi.
3.The Additional Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi, officiating from -Project Bhawn,
Post-Dhurwa, Police Station Jagarnathpur, District-
Ranchi.
4.The District Superintendent of Education, Dumka,
officiating from Dumka, Post Dumka, Police Station
Dumka, District- Dumka.
5. The District Superintendent of Education, Ranchi,
officiating from Ranchi, Post Ranchi, Police Station
Ranchi, District- Ranchi.
6.The Hindi Vidyapith Deoghar through its Secretary
officiating from Deoghar, Post Deoghar, Police Station
Deoghar, District- Deoghar.
7.The Registrar, Hindi Vidyapith Deoghar officiating from
Deoghar, Post Deoghar, Police Station Deoghar, District-
Deoghar. ... ... Respondents
with
W.P. (C) No. 5641 of 2015
-4-
----
Hemant Kumar Thakur, S/o Shri Krishna Mohan
Thakur, R/o Ratanpur, P.O. Sarva, P.S-Poraiyahat, Dist-
Godda-814133, Jharkhand
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, At Project building, P.O. & P.S.-Dhurwa,
Dist-Ranchi.
3.The Deputy Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project building, P.O. & P.S.-
Dhurwa, Dist-Ranchi.
4.The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project building,
P.O. & P.S.-Dhurwa, Dist-Ranchi.
5. The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
building, P.O. & P.S.-Dhurwa, Dist-Ranchi.
6. The District Superintendent of Education, At-1st-Floor,
Information & Public Relation Building, Infront of Mela
Maidan, Godda-814133.
7.The District Superintendent of Education, At-Old
Madhya Vidyalaya, Mina Bazar Campus, Deoghar-
814112.
8.The District Superintendent of Education, At-Top Floor,
Jila Parisad Building, Dumka-814101.
9. The District Superintendent of Education, At- Madhya
Vidyalaya, Police Line Campus, Sahebganj-816109.
10.The District Superintendent of Education, At-Court
Campus, P.O-Pakur, Dist-Pakur-816107.
11. The District Superintendent of Education, At-
Combined Building, Block-C, Sriram Pur, Jamtara-
815351.
12.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Pith,
Dist: Deoghar, Jharkhand.
... ... Respondents
with
W.P. (C) No. 5679 of 2015
----
1.Jay Prakash Yadav, S/o Rampati Yadav, R/o Silandra,
P.O-Asanjor, P.S. Jama, Dist-Dumka-814101,
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Jharkhand.
2.Barmanand Soren, S/o Soban Soran, R/o Balabahiyer,
P/O-Chikniya, P/S Jama, Dist-Dumka-814146,
Jharkhand. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, At Project building, P.O. & P.S.-Dhurwa,
Dist-Ranchi.
3.The Deputy Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project building, P.O. & P.S.-
Dhurwa, Dist-Ranchi.
4.The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project building,
P.O. & P.S.-Dhurwa, Dist-Ranchi.
5. The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
building, P.O. & P.S.-Dhurwa, Dist-Ranchi.
6. The District Superintendent of Education, At-1st-Floor,
Information & Public Relation Building, Infront of Mela
Maidan, Godda-814133.
7.The District Superintendent of Education, At-Old
Madhya Vidyalaya, Mina Bazar Campus, Deoghar-
814112.
8.The District Superintendent of Education, At-Top Floor,
Jila Parisad Building, Dumka-814101.
9. The District Superintendent of Education, At- Madhya
Vidyalaya, Police Line Campus, Sahebganj-816109.
10. The District Superintendent of Education, At-
Combined Building, Block-C, Sriram Pur, Jamtara-
815351.
12.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Pith,
Dist: Deoghar, Jharkhand.
... ... Respondents
with
W.P. (C) No. 5845 of 2015
----
Binod Prasad, Son of Late Ram Bilash Saw, Resident of
vill. & P.O-Chipadohar, P.S. Barwadih, Dist-Latehar,
Jharkhand. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
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2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project Building, P.O. & P.S.-
Dhurwa, District-Ranchi.
3.The Secretary, School Education and Literacy
Department, Govt. of Jharkhand, At-Project building,
P.O. & P.S-Dhurwa, Dist-Ranchi.
4.The Director, Primary Education, School Education and
Literacy Department, Govt. of Jharkhand, At-Project
building, P.O. & P.S-Dhurwa, Dist-Ranchi.
5.Deputy Commissioner cum Chairman, District
Education and Establishment Committee, Latehar, At &
P.O-Latehar, P.S. & District-Latehar, Jharkhand.
6.The District Superintendent of Education, Latehar, At
& P.O-Latehar, P.S. & District-Latehar, Jharkhand.
7.Hindi Vidhyapeeth Deoghar through its registrar having
its office at Vidhyapeeth Road, P.O. & P.S. Deoghar,
District-Deoghar. ... ... Respondents
with
W.P. (C) No. 5971 of 2015
----
Mahindra Lohra, son of Late Prayag Lohra, resident of
Village-Bhujaniya, P.O-Bathkhijri, P.S-Lohardaga,
District Lohardaga. ... ... Petitioner(s)
Versus
1. The State of Jharkhand through the Chief Secretary,
Government of Jharkhand, having office at Project
Building, Dhurwa, P.O. & P.S-Dhurwa, Town and District
Ranchi.
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, having office Project Building, Dhurwa, P.O.
& P.S-Dhurwa, Town and District Ranchi.
3.The Secretary/Principal Secretary, School Education
and Literacy Department, Government of Jharkhand,
having office at M.D.I. Building, near Project Building,
Dhurwa, P.O. & P.S-Dhurwa, Town and District Ranchi.
4.The Director, Primary Education, having office at
Primary Education Directorate, M.D.I. Building, near
Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and
District Ranchi.
5.Hindi Vidyapith, through its Registrar, having office at
P.O. Hindi Pith, P.S. Deoghar, District Deoghar.
6.Deputy Commissioner-cum-Chairman, District
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Education Establishment Committee, Gumla, having
office at P.O., P.S. & District Gumla.
7. Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Simdega, having
office at P.O., P.S. & District Simdega.
8. Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Lohardaga, having
office at P.O., P.S. & District Lohardaga.
9.District Superintendent of Education, Gumla, having
office at P.O., P.S. & District Gumla.
10. District Superintendent of Education, Simdega,
having office at P.O., P.S. & District Simdega.
11. District Superintendent of Education, Lohardaga,
having office at P.O., P.S. & District Lohardaga.
...Respondents
with
W.P. (C) No. 5973 of 2015
----
1.Rajdeo Ram, Son of Sri Mahesh Ram, Resident of vill-
Bhusar, P.O. Jalim, P.S. & Dist-Latehar, Jharkhand.
2.Bisheshwar Ram, Son of Teju Ram, Resident of vill.
And P.O.-Chedra, P.S-Balumath, Dist-Latehar.
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At Project building, Dhurwa, P.O. &
P.S-Dhurwa, Dist- Ranchi.
3.The Secretary, School Education and Literacy
Department, Govt. of Jharkhand, at Project building,
Dhurwa, P.O. & P.S-Dhurwa, Dist- Ranchi.
4.The Director, Primary Education, School Education and
Literacy Department, Govt. of Jharkhand, at Project
building, Dhurwa, P.O. & P.S-Dhurwa, Dist- Ranchi.
5.Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Latehar, At & P.O-
Latehar, P.S. & District-Latehar, Jharkhand.
6.The District Superintendent of Education, Latehar, At
& P.O-Latehar, P.S. & District-Latehar, Jharkhand.
7.Hindi Vidyapith Deoghar through its Registrar, having
its office at- Hindi Vidyapith Road, P.O. & P.S-Deoghar,
Dist-Deoghar, Jharkhand.
-8-
... ... Respondents
with
W.P. (C) No. 5993 of 2015
----
Rajendra Oraon, Son of Sri Sukiya Oraon, Resident of
Bari (Chata Semar), P.O. Bari, P.S.-Chandwa, Dist-
Latehar, Jharkhand ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
3.The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project building,
P.O. & P.S-Dhurwa, Dist-Ranchi.
4.The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
building, P.O. & P.S-Dhurwa, Dist-Ranchi.
5.Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Lohardaga, At &
P.O- Lohardaga, P.S. & District- Lohardaga, Jharkhand.
6.The District Superintendent of Education, Lohardaga,
At & P.O- Lohardaga, P.S. & District- Lohardaga,
Jharkhand.
7. Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Simdega, At & P.O-
Simdega, P.S. & District- Simdega, Jharkhand.
8. The District Superintendent of Education, Simdega, At
& P.O- Simdega, P.S. & District- Simdega, Jharkhand.
9.Hindi Vidyapith Deoghar through its Registrar, having
its office at- Hindi Vidyapith Road, P.O. & P.S-Deoghar,
Dist-Deoghar, Jharkhand.... ... Respondents
with
W.P. (C) No. 6047 of 2015
----
1.Pinki Kumari @ wife Pinky Kumari, wife of Shri Binod
Pandit, resident of Rakhabani, Post Dumka, Police
Station Dumka, District Dumka.
2.Lalita Kumari, wife of Shri Ram Niwas Mandal, resident
of Chikania, Post Chikania, Police Station Jama, District
Dumka. ... ... Petitioner(s)
Versus
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1. The State of Jharkhand
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi, officiating from -Project Bhawn,
Post-Dhurwa, Police Station Jagarnathpur, District-
Ranchi.
3.The Additional Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi, officiating from -Project Bhawn,
Post-Dhurwa, Police Station Jagarnathpur, District-
Ranchi.
4.The District Superintendent of Education, Godda,
officiating from Godda, Post Godda, Police Station Godda,
District- Godda.
5. The District Superintendent of Education, Dumka,
officiating from Dumka, Post Dumka, Police Station
Dumka, District- Dumka.
6. The District Superintendent of Education, Dhanbad,
officiating from Dhanbad, Post Dhanbad, Police Station
Dhanbad, District- Dhanbad.
7.The Hindi Vidyapith Deoghar through its Secretary
officiating from Deoghar, Post Deoghar, Police Station
Deoghar, District- Deoghar.
8.The Registrar, Hindi Vidyapith Deoghar officiating from
Deoghar, Post Deoghar, Police Station Deoghar, District-
Deoghar. ... ... Respondents
with
W.P. (C) No. 6071 of 2015
----
1.Ajit Kumar Mandal, S/o Late Subhash Chandra
Mandal, R/oKumhar para (Kali Mandap)Bhairabpur, P.O.
Bhairabpur, P.S-Jama, Dist-Dumka-814101, Jharkhand.
2. Dinesh Bhandari, S/o Sitanath Bhandari, R/o
Nerubapahari, P.O-Baratar, P.S. Jarmundi, Dist-Dumka-
814146, Jharkhand.
3.Sahadeo Mandal, S/o Lae Gujar Mandal, R/o
Busbutia, P.O-Baratar, P.S. Jarmundi, Dist-Dumka-
814146, Jharkhand.
4.Satyendra Prasad Yadav S/o Late Bhola Nath Khairhar,
R/o-Baagjhopaa, P/S-Jama, Dist-Dumka-814146,
Jharkhand. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
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Govt. of Jharkhand, At-Project building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
3.The Under Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
4. The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project building,
P.O. & P.S-Dhurwa, Dist-Ranchi.
5.The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
building, P.O. & P.S-Dhurwa, Dist-Ranchi.
6. The District Superintendent of Education, At-1st-Floor,
Information & Public Relation Building, Infront of Mela
Maidan, Godda-814133.
7.The District Superintendent of Education, At-Old
Madhya Vidyalaya, Mina Bazar Campus, Deoghar-
814112.
8.The District Superintendent of Education, At-Top Floor,
Jila Parisad Building, Dumka-814101.
9. The District Superintendent of Education, At- Madhya
Vidyalaya, Police Line Campus, Sahebganj-816109.
10. The District Superintendent of Education, At-
Combined Building, Block-C, Sriram Pur, Jamtara-
815351.
11.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Pith,
Dist: Deoghar, Jharkhand..
... ... Respondents
with
W.P. (C) No. 143 of 2016
----
Tanuja Das, W/o Sri Jaidev Das, R/o Village-Rangalia,
P.O-Rangalia, P.S. Ranishwar, District-Dumka,
Jharkhand ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, At-Project building, P.O. & P.S-Dhurwa,
Dist-Ranchi.
3.The Deputy Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, at-Project Building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
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4. The Secretary, Human Resources Development
Department, Govt. of Jharkhand, at-Project Building,
P.O. & P.S-Dhurwa, Dist-Ranchi.
5.The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, at-Project
Building, P.O. & P.S-Dhurwa, Dist-Ranchi.
6. The District Superintendent of Education, At-Top
Floor, Jila Parishad Building, P.O., P.S. & District-
Dumka, Dumka-814101.
7.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi
Vidyapith, P.S. Deoghar, Dist: Deoghar, Jharkhand..
... ... Respondents
with
W.P. (C) No. 176 of 2016
----
Shila Kumari, W/o Nirodh Kumar Mandal, D/o Ashwini
Kumar Manjhi, R/o Village-Asansol, P.O. Asansol, P.S.
Dumka (Muffasil), District-Dumka, Jharkhand
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, At-Project building, P.O. & P.S-Dhurwa,
Dist-Ranchi.
3.The Under Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, at-Project Building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
4. The Secretary, Human Resources Development
Department, Govt. of Jharkhand, at-Project Building,
P.O. & P.S-Dhurwa, Dist-Ranchi.
5.The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, at-Project
Building, P.O. & P.S-Dhurwa, Dist-Ranchi.
6. The District Superintendent of Education, At-Top
Floor, Jila Parishad Building, Dumka, P.O., P.S. &
District-Dumka, Dumka-814101.
7.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi
Vidyapith, P.S. Deoghar, Dist: Deoghar, Jharkhand..
... ... Respondents
with
W.P. (S) No. 363 of 2016
----
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Surendra Prasad, S/o Sri Bansi Prasad, Resident of
Village-Morwe, P.O-Morwe, P.S-Majhiaon, District
Garhwa, Jharkhand. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, At-Project building, P.O. & P.S-Dhurwa,
Dist-Ranchi, Jharkhand.
3.The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project Building,
P.O. & P.S-Dhurwa, Dist-Ranchi, Jharkhand.
4.The Director, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
Building, P.O. & P.S-Dhurwa, Dist-Ranchi, Jharkhand
5.The Vice Chancellor, Hindi Vidyapith, Deoghar, P.O
and P.S. Deoghar, Dist: Deoghar, Jharkhand..
6. The District Superintendent of Education, Garhwa,
P.O., P.S. & District-Garhwa.
7. The Deputy Commissioner, Garhwa, P.O., P.S. &
District-Garhwa, Jharkhand.
... ... Respondents
with
W.P. (S) No. 590 of 2016
----
Balram Oraon son of Late Ramnandan Oraon, resident of
village Lawagara, P.O. Hethpochra, P.S and District
Latehar. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, Project Building, Dhurwa, P.O. and P.S.
Dhurwa, District Ranchi
3.Director, School Education and Literacy Department,
Government of Jharkhand, Project Building, Dhurwa,
P.O. and P.S. Dhurwa, District Ranchi
4.Deputy Commissioner, Latehar, P.O. and District
Latehar.
5.District Education Officer, Latehar, P.O. and District
Latehar. ... ... Respondents
with
W.P. (S) No. 595 of 2016
----
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Md. Tahir Hussain son of Late Kifarat Ali, resident of
village Jaspur, P.O. Loharsi, P.S. Panki, District
Palamau. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of
Jharkhand, Project Building, Dhurwa, P.O. and P.S.
Dhurwa, District Ranchi
3.Director, School Education and Literacy Department,
Government of Jharkhand, Project Building, Dhurwa,
P.O. and P.S. Dhurwa, District Ranchi
4.Deputy Commissioner, Palamu, P.O. and District
Palamu.
5.District Education Officer, Palamu, P.O. and District
Palamu. ... ... Respondents
with
W.P. (S) No. 596 of 2016
----
Ram Bachan Singh son of Late Ganga Singh, resident of
Konwai, P.O. Konwai, P.S. Panki, District Palamau.
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.Principal Secretary, Personnel, Administrative Reforms
and Rajbhasha Department, Govt. of Jharkhand, Project
Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
3.Director, School Education and Literacy Department,
Government of Jharkhand, Project Building, Dhurwa,
P.O. and P.S. Dhurwa, District Ranchi
4.Deputy Commissioner, Palamu, P.O. and District
Palamu.
5.District Education Officer, Palamu, P.O. and District
Palamu. ... ... Respondents
with
L.P.A No. 614 of 2016
----
Yogendra Prasad Sharma, son of Late Karu Singh,
resident of Mohalla Hanuma Tikri, Deoghar, P.O. P.S.
Deoghar, District Deoghar, Jharkhand.
... ... Appellant(s)
Versus
1. State of Jharkhand
- 14 -
2.Principal Secretary, Government of Jharkhand, Ranchi,
P.O. & P.S. Ranchi, District-Ranchi.
3.Secretary, Department of Finance, Government of
Jharkhand, Ranchi, P.O. & P.S. Ranchi, District-Ranchi.
4.Commissioner, Dumka, P.O. and P.S. Dumka, District-
Dumka.
5.Deputy Commissioner, Deoghar, P.O. and P.S.
Deoghar, District-Deoghar.
6.Additional Collector, Deoghar, P.O. and P.S. Deoghar,
District-Deoghar.
7.Land Reforms Deputy Collector, Deoghar, P.O. and P.S.
Deoghar, District-Deoghar.
8. Sub Divisional Officer, Deoghar, P.O. and P.S.
Deoghar, District-Deoghar.
9.Circle Officer, Sarwan, P.O. & P.S. Sarwan, District-
Deoghar.
10. Accountant General (A & E), Government of
Jharkhand, Ranchi, P.O. & P.S. Doranda, District
Ranchi. ... ... Respondents
with
W.P. (C) No. 674 of 2016
----
1.Munni Kumari D/o Nageshwar Mahto, R/o Shyamlata
P/O & P/S. Siktiya, Jama, Dist-Dumka-814146,
Jharkhand.
2.Surujmuni Tudu W/o Sushil Kumar Tudu R/O
Kushbadia, Siktia, Vill-Basukinath, Dumka, P.O. & P.S.
Dumka, Dist-Dumka-814101, Jharkhand.
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
3.The Under/Deputy Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha Department,
Govt. of Jharkhand, At-Project building, P.O. & P.S-
Dhurwa, Dist-Ranchi.
4.The Secretary, Human Resources Development
Department, Govt. of Jharkhand, At-Project Building,
P.O. & P.S-Dhurwa, Dist-Ranchi
5.The Directror, Higher Education, Human Resources
Development Department, Govt. of Jharkhand, At-Project
- 15 -
Building, P.O. & P.S-Dhurwa, Dist-Ranchi
6.The Vice Chancellor, Hindi Vidyapith, P.O Hindi Pith,
Dist: Deoghar, Jharkhand.
... ... Respondents
with
W.P. (C) No. 805 of 2016
----
Fulchand Koda, son of Late Prayag Koda, resident of
Khamargora, P.O. & P.S-Katrasgarh, District-Dhanbad.
... ... Petitioner(s)
Versus
1.The State of Jharkhand through the Chief Secretary,
Government of Jharkhand, having office at-Project
Building, P.O. & P.S-Dhurwa, Town and Dist-Ranchi.
2.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, having office at-Project Building, Dhurwa,
P.O. & P.S-Dhurwa, Town and Dist-Ranchi.
3.The Secretary/Principal Secretary, School Education
and Literacy Department, Government of Jharkhand,
having office at M.D.I. Building, near Project Building,
Dhurwa, P.O. & P.S-Dhurwa, Town and Dist-Ranchi.
4.The Director, Primary Education, having office at
Primary Education Directorate, M.D.I. Building, near
Project Building, P.O. & P.S-Dhurwa, Town and District-
Ranchi.
5.Hindi Vidyapith, through its Registrar, having office at
P.O. Hindi Pith, P.S. Deoghar, District Deoghar.
6. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dhanbad, having
office at P.O., P.S. & District Dhanbad.
7. District Superintendent of Education, Dhanbad,
having office at P.O., P.S. & District-Dhanbad.
... ... Respondents
with
W.P. (C) No. 3062 of 2016
----
Kanan Kumar Patra son of late Bato Krishto Patra,
resident of opposite hotel Mahadev Palace, Castairs town,
Deoghar, PO, PS and District Deoghar (Jharkhand).
... ... Petitioner(s)
Versus
1.The State of Jharkhand through the Chief Secretary,
Government of Jharkhand, Project Bhawan, P.O. & P.S-
- 16 -
Dhurwa, District-Ranchi.
2. The Chief Secretary, Government of Jharkhand,
Project Bhawan, P.O. & P.S-Dhurwa, District-Ranchi.
3.The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi, Project Bhawan, P.O. & P.S-Dhurwa,
District-Ranchi.
4.The Under Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi, Project Bhawan, P.O. & P.S-Dhurwa,
District-Ranchi.
5.The Principal Secretary, Department of School
Education and Literacy, Government of Jharkhand,
Telephone Bhawan, P.O. & P.S-Dhurwa, District-Ranchi.
6.The Director, Higher Education, Department of School
Education and Literacy, Government of Jharkhand,
Telephone Bhawan, P.O. & P.S-Dhurwa, District-Ranchi.
7. The Director, Primary Education, Department of
School Education and Literacy, Government of
Jharkhand, Telephone Bhawan, P.O. & P.S-Dhurwa,
District-Ranchi.
8. The District Education Officer, Jamtara, PO, PS &
District Jamtara.
9. Hindi Vidyapeeth, Deoghar through its Registrar, PO,
PS, Subdivision & District- Deoghar.
10.The Registrar, Hindi Vidyapeeth, Deoghar, PO, PS,
Subdivision & District- Deoghar.
... Respondents
with
W.P. (S) No. 4058 of 2016
----
Anant Kumar Murmu son of Sri Sahdeo Prasad Murmu,
Resident of Village & P.O. Chanpi, P.S. Peterwar, District
Bokaro (presently posted as Assistant Teacher, Middle
School, Kathara, P.O. & P.S. Gomia, District-Bokaro)
... ... Petitioner(s)
Versus
1. State of Jharkhand
2. Secretary, School Education and Literacy Department,
Govt. of Jharkhand, Project Building, P.O.-Dhurwa, P.S-
Jagarnathpur, District- Ranchi.
3.Director, Primary Education, School Education and
Literacy Department, Govt. of Jharkhand, Project
Building, P.O.-Dhurwa, P.S-Jagarnathpur, District-
- 17 -
Ranchi.
4.District Superintendent of Education, Bokaro, P.O &
P.S. Bokaro, District- Bokaro.
5.Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasa Department, Govt.
of Jharkhand, Project Building, P.O.-Dhurwa, P.S-
Jagarnathpur, District- Ranchi.
6. Under Secretary, Department of Personnel,
Administrative Reforms and Rajbhasa Department, Govt.
of Jharkhand, Project Building, P.O.-Dhurwa, P.S-
Jagarnathpur, District- Ranchi.
7. Registrar, Hindi Vidyapith, Deoghar, P.O. & P.S-
Deoghar, District-Deoghar.
... ... Respondents
with
W.P. (S) No. 319 of 2017
----
Marsila Soren, Wife of Sri Baleshwar Hembrum, Block
Education Extension Officer, Palajori, P.O. P.S. Palajori,
District-Deoghar, at present residing at Grant Estate,
Dumka, P.O. P.S. Dumka, District-Dumka.
... ... Petitioner(s)
Versus
1.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2.State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Deoghar, Ranchi,
P.O. P.S. Deoghar, District-Deoghar.
... ... Respondents
with
W.P. (S) No. 327 of 2017
----
1.Kailash Pati Patar, son of late Bholanath Patar,
resident of village Laikapur, P.O. & P.S. Kundahit,
- 18 -
District Jamtara.
2.Nageshwar Singh, son of late Chamari Singh, resident
of village Barabag, P.O. Tatra, P.S. Rajpur, District
Chatra.
3.Ranjeet Kumar Chaudhary, son of late Dhirendranath
Chaudhary, resident of village & P.O. Raghunathpur, P.S.
Raghunathpur, District Dumka.
4.Rafique Alam, son of late Mansoor Ali, resident of
village Papra, P.O. & P.S. Mahesh Tikri, District Godda.
5. Sukhdeo Yadav, son of Dashrath Mahto, resident of
village Ratabahiyar, P.S. & P.O. Gandey, District Giridih.
6.Murat Mahto, son of late Bhikhan Mahto, resident of
village Nayitand, P.O. Salibaddiha, P.S. Heradih, District
Giridih.
7. Mangal Mahto, son of late Kanhai Mahto, resident of
village Nayitand, P.O. Salibaddiha, P.S. Heradih, District
Giridih
8.Md. Mohsin, son of late Md. Salamat Hussain, resident
of Ghapra, P.O. & P.S. Mahesh Tikri, District Godda.
9. Titulal Mandal, son of late Kanhai Mandal, resident of
village Kathalia, P.O. Kumarabad, P.S. Masalaya, District
Dumka.
10. Md. Jamaluddin, son of late Sheikh Karo, resident of
village and P.O. Koyla, District Godda (Jharkhand)
... ... Petitioner(s)
Versus
1. The State of Jharkhand, through Director, Primary
School Education and Literacy Department, M.D.I.
building, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi.
2. Director, Primary School Education and Literacy
Department, M.D.I. building, Dhurwa, P.O. & P.S.-
Dhurwa, District-Ranchi.
3. Regional Deputy Director of Education, Santhal
Pargana, Dumka, P.O. & P.S. Dumka, District-Dumka.
4. Regional Deputy Director of Education, North
Chhotanagpur, Hazaribagh, P.O. & P.S. Hazaribagh,
District- Hazaribagh.
5.District Education Officer, Jamtara, combined building
Jamtara, P.O., P.S. and District Jamtara.
6. District Education Officer, Deoghar, P.O., P.S. and
District Deoghar.
7. District Education Officer, Dumka, P.O., P.S. and
District Dumka.
8. District Education Officer, Hazaribagh, P.O., P.S. and
- 19 -
District Hazaribagh.
9. District Education Officer, Godda, P.O., P.S. and
District Godda.
10. District Education Officer, Giridih, P.O., P.S. and
District Giridih.
11. District Superintendent of Education, Jamtara, P.O.,
P.S. and District Jamtara.
12. District Superintendent of Education, Deoghar, P.O.,
P.S. and District Deoghar.
13. District Superintendent of Education, Dumka, P.O.,
P.S. and District Dumka.
14. District Superintendent of Education, Hazaribagh,
P.O., P.S. and District Hazaribagh.
15. District Superintendent of Education, Godda, P.O.,
P.S. and District Godda.
16. District Superintendent of Education, P.O., P.S. and
District Giridih.
17. Principal of Primary Teachers‟ training College,
Ghorma Deoghar, P.O. & P.S. Ghormara, District
Deoghar.
18. Principal of District Institute Education & training,
Jasidih, P.O. & P.S. Jasidih, District Deoghar.
19. Principal of District Institute Education & training,
Pabiya, District Jamtara.
with
W.P. (S) No. 328 of 2017
----
Asther Murmu, Wife of Sri Avinash Marandi, Block
Education Extension Officer, Sarwan, P.O. P.S. Sarwan,
District-Deoghar, at present residing at Vijaypur,
Masaliya Rd, P.O. Bando Haripur, P.S. Muffasil, District-
Dumka. ... ... Petitioner(s)
Versus
1.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2.State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
- 20 -
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Dumka, P.O. P.S.
Dumka, District- Dumka.
... ... Respondents
with
W.P. (S) No. 332 of 2017
----
Baha Shanti Marandi, Wife of Sri Motilal Hembrum,
Block Education Extension Officer, Poraiyahat, West
Godda, P.O. P.S. Poraiyahat, District Godda, at present
residing at Vill-Karharbil (Ramratan Path), P.O. Dumka,
P.S. Muffasil Dumka, District-Dumka.
... ... Petitioner(s)
Versus
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Deoghar, Ranchi,
P.O. P.S. Deoghar, District- Deoghar.
... ... Respondents
with
W.P. (S) No. 333 of 2017
----
Sumita Marandi, Wife of Sri Rajendra Soren, Block
Education Extension Officer, Deogher, P.O. P.S. Deogher,
District-Deogher, at present residing at Jarbadih, Hizala
Rd. P.O. Old Dumka, P.S. Dumka, District-Dumka. ...
... Petitioner(s)
Versus
1.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
- 21 -
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Deoghar, Ranchi,
P.O. P.S. Deoghar, District- Deoghar.
... ... Respondents
with
W.P. (S) No. 363 of 2017
----
Jaya Devi, Wife of Late Sudhakar Roy, Block Education
Extension Officer, Godda (east), P.O. P.S. Godda, District
Godda, at present residing at Shanti Nagar (sri Amrha),
P.O. Shiva Paharh, P.S-Muffasil, District-Dumka.
... Petitioner(s)
Versus
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Godda, P.O. P.S.
Godda, District- Godda.
... ... Respondents
with
W.P. (S) No. 385 of 2017
----
Rina Kumari, Wife of Sri Uttam Jha, Block Education
Extension Officer, Nirsa-3, P.O. P.S. Nirsa-3, District
Dhanbad, at present residing at Nirsa, P.O. P.S. Nirsa,
District Dhanbad ... ... Petitioner(s)
- 22 -
Versus
1.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Hazaribagh
Division, Hazaribag, P.O. P.S. Hazaribag, District-
Hazaribag.
5.District Superintendent of Education, Dhanbad, P.O.
P.S. Dhanbad, District- Dhanbad.
... ... Respondents
with
W.P. (S) No. 386 of 2017
----
Pratima Das, Wife of Sri Rahul Kumar, Lecturer, District
Institute of Education & Training, Govindpur, P.O. P.S.
Govindpur, District Dhanbad, at present residing at
Govindpur, P.O. P.S-Govindpur, District Dhanbad.
... ... Petitioner(s)
Versus
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Hazaribagh
Division, Hazaribag, P.O. P.S. Hazaribag, District-
Hazaribag.
5.District Superintendent of Education, Dhanbad, P.O.
P.S. Dhanbad, District- Dhanbad.
... ... Respondents
with
W.P. (S) No. 410 of 2017
- 23 -
----
Polina Hembrum, Wife of Sri Sanat Murmu, Headmaster,
Government Basic School, Dhanbai, P.O. P.S. Saraiyahat,
District Dumka, at present residing at Pagbara,
Hansdiha, P.O. P.S-Hansdiha, District Dumka.
... ... Petitioner(s)
Versus
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Prgana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Dumka, P.O. P.S.
Dumka, District- Dumka.
... ... Respondents
with
W.P. (S) No. 473 of 2017
----
1.Sewanti Rajaram Kakre wife of Bodhan Sao, resident of
Village Sulmi, P.O. Lupung, P.S. Katkamsandi, District
Hazaribag.
2.Mary Bibiana Minz wife of Willium Bara, resident of
Mariyam Toli, Dipu Garha, Hazaribag, P.O. and P.S.
Hazaribag, District Hazaribag.
3.Jacinta Baa wife of Bernad Kerketta, resident of
Anandpuri, College More, Hazaribag, P.O. and P.S.
Hazaribag, District Hazaribag.
4. Smt. Nirmala Lakra wife of Junas Toppo, resident of
Krishnapuri, Lochan Path, Korra, P.O. Korra, P.S.
Hazaribag, District Hazaribag
5.Junas Toppo son of Late Daud Toppo, resident of
Krishnapuri, Lochan Path, Korra, P.O. Korra, P.S.
Hazaribag, District Hazaribag
... ... Petitioner(s)
Versus
1.The State of Jharkhand through its Secretary, School
- 24 -
Education and Literacy Department, having its office at
Telephone Bhawan, Dhurwa, P.O.-Dhurwa, P.S-
Jagarnathpur, District-Ranchi.
2.The Director, Primary Education, School Education and
Literacy Department, having its office at Telephone
Bhawan, Dhurwa, P.O.-Dhurwa, P.S-Jagarnathpur,
District-Ranchi.
3.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasa, Govt. of Jharkhand, having its
office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.
Jagannathpur, Dist-Ranchi.
4.The Regional Deputy Director of Education, North
Chhotanagpur Division, Hazaribag, P.O. and P.S.
Hazaribag, District Hazaribag.
5.The District Education Officer, Hazaribag, P.O. and P.S.
Hazaribag, District Hazaribag.
6. The District Education Officer, Ramgarh, P.O. and P.S.
Ramgarh, District Ramgarh.
7. The District Education Officer, Chatra, P.O. and P.S.
Chatra, District Chatra.
8. The District Education Officer, Giridih, P.O. and P.S.
Giridih, District Giridih.
9.The Principal, Primary Teachers Education College
(Mahila), Bagodar, P.O. and P.S. Bagodar, District
Giridih.
10.The District Superintendent of Education, Ramgarh,
P.O. and P.S. Ramgarh, District Ramgarh.
... ... Respondents
with
W.P. (S) No. 477 of 2017
----
Ignatius Hembrum, S/o Late Saticharan Hembrum,
Lecturer, Primary Teachers‟ Training College, Barhet,
Sahebganj, P.O. P.S. Sahebganj, District-Sahebganj, at
ptesent residing at Vill-Jambad, via-Kotalpokhar, P.O.
Jambad, P.S. Kotalpokhar, District-Sahebganj.
... ... Petitioner(s)
Versus
1.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2.State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
- 25 -
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Prgana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Sahebganj, P.O.
P.S. Sahebganj, District- Sahebganj.
... ... Respondents
with
W.P. (S) No. 479 of 2017
----
Elezabeth Hembrum, W/o Robert Chundu Murmu Posted
as Block Education Extension Officer, Littipara, Pakur,
PO. P.S. Pakur, District Pakur, at present residing at Vill-
Littipara, P.O. Pakur, P.S. Pakur, District Pakur
... ... Petitioner(s)
Versus
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Pakur, P.O. P.S.
Pakur, District- Sahebganj.
... ... Respondents
with
W.P. (S) No. 481 of 2017
----
Sudha Kumari, W/o Sri Sunil Chandra Mandal,
Headmistress, Government Basic School, Amrhaparha,
P.O. P.S. Amrhaparha, District-Pakur, at present residing
at Vill-Amrhaparha, P.O. P.S-Amrhaparha, Distric-Pakur.
... Petitioner(s)
Versus
- 26 -
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Pakur, P.O. P.S.
Pakur, District- Pakur. ... ... Respondents
with
W.P. (S) No. 484 of 2017
----
1.Ashok Kumar Pal, son of Late Rabindra Nath Pal,
resident of Village-Ranibahal, PO-Ranibahal, PS-
Masanjor, District Dumka at present working as B.E.E.O.
Sundarpahari, Godda.
2.Bhola Prasad Sah son of Late Hardeo Sah resident of
Village-Motia, PO-Motia, P.S. Godda (Muffasil) District
Godda, at present working as Lecturer Primary Teacher‟s
Training College, Gumma (Godda)
3.Md. Ahmad Hussain son of Md. Wazuddin, R/o
Sahura, PO-Maheshtikry, PS-Basantray, District Godda,
at present working as Lecturer, Primary Teacher‟s
Training College, Gumma (Godda)
4.Veena Kumari wife of Sri Bhim Bagday, resident of
Village -Godda, PO and PS-Godda, District-Godda, at
present posted as Lecturer, Primary Teacher‟s Training
College, Gumma (Godda)
5.Dinabandhnu Modi son of Late Ratnakar Modi,
resident of Chilkara, PO-Khariyana, PS-Pathargama,
District Godda, at present posted as Lecturer, District
Instruction of Education and Training Jasidih, Deogarh.
6.Prakash Mondal son of Late Janardan Mandal, resident
of Village Baniyadih, PO-Baniyadih, PS-Thakurgandati,
at present posted as Headmaster Government Basic
School Kariya, Dumka. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2. Director, Primary School Education and Literary
- 27 -
Department, PO & PS Dhurwa, District Ranchi.
3.Regional Dy Director of Education, Santhal Pargana,
Dumka, PO & PS Dumka, District-Dumka.
4. District Education Officer, Deoghar, PO, PS and
District Deoghar.
5.District Education Officer, Godda, PO, PS and District
Godda.
6. District Education Officer, Dumka, PO, PS and District
Dumka.
7.District Supdt. of Education, Deoghar, PO, PS and
District Deoghar.
8. District Supdt. of Education, Godda, PO, PS and
District Godda.
9. District Supdt. of Education, Dumka, PO, PS and
District Dumka.
10.Principal Primary Teacher‟s Training College, Ghorma,
PO, PS and District Godda. ... ... Respondents
with
W.P. (S) No. 553 of 2017
----
Kailash Marandi, S/o Late Churaka Marandi, Block
Education Extension Officer, Thakur Gangati, P.O. P.S.
Godda, District-Godda, at present residing at Thakur
Gangati, P.O. P.S.-Thakur Gangati, District-Godda.
... ... Petitioner(s)
Versus
1. The State of Jharkhand through The Secretary, School
Education and Literacy Department, (Primary
Education), Government of Jharkhand, M.D.I. Building,
Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Godda, P.O. P.S.
Godda, District- Godda. ... ... Respondents
with
W.P. (S) No. 563 of 2017
----
- 28 -
Chhakulal Murmu, S/o Late Hindu Murmu, Block
Education Extension Officer, Gawan, P.O. P.S. Gawan,
District-Giridih, at present residing at Vill-Charkadah,
P.O. P.S-Bindapathar, District-Jamtarha
... ... Petitioner(s)
Versus
1. The State of Jharkhand through The Secretary, School
Education and Literacy Department, (Primary
Education), Government of Jharkhand, M.D.I. Building,
Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Hazaribagh
Division, Hazaribagh, P.O. P.S. Hazaribagh, District-
Hazaribagh.
5.District Superintendent of Education, Giridih, P.O. P.S.
Giridih, District- Giridih. ... ... Respondents
with
W.P. (S) No. 568 of 2017
----
1.Swati Shashi Dangwar wife of Levnard Bhengra at
present working as Head Mistress Basic School
Ropkhera, West Singhbhum, PO. Ropkhera, P.S.
Manoharpur, District-West Singhbhum.
2.Sabindra Nayak son of Late Thurka Naik at present
working as Block Extension Education Officer
Mahuatanr, Latehar, PO, P.S and District Latehar.
... ... Petitioner(s)
Versus
1.The State of Jharkhand through Secretary, (Education)
Govt. of Jharkhand, P.O.- Dhurwa, P.S.-Dhurwa,
District-Ranchi.
2.Director, Primary School Education and Literacy
Department, P.O. & P.S.-Dhurwa, District-Ranchi.
3.The Regional Deputy Director of Education, Daltonganj,
PO. P.S. and District Daltanganj.
4. The Regional Deputy Director of Education, West
Singhbhum, PO. P.S. and District West Singhbhum.
5. The District Education Officer, Palamau, PO. and P.S.
Palamau, District Daltanganj.
- 29 -
6. The District Education Officer, Latehar, PO. P.S. and
District Latehar.
7. The District Education Officer, West Singhbhum, PO.
P.S. and District West Singhbhum.
... Respondents
with
W.P. (S) No. 570 of 2017
----
1.Surendra Hembrom son of Late Lakhindra Hembrom,
resident of Village Madhawa, PO-Bindapather, PS-
Bindapather, District Jamtara, at present posted as
B.E.E.O, Jharia, Dhanbad.
2. Baburam Murmu @ Babulal Murmu, son of Late Sukal
Murmu, resident of Village Nimdagal, PO-Fatehpur, PS-
Fatehpur, District-Jamtara at present posted as BEEO,
Panki (West) Palamau, Gumma (Godda)
3.Premshila Kumari wife of Basant Sahu, resident of
Village Barabazar, Subhas Marg, PO-Hazaribagh, PS-
Sadar, District Hazaribagh, at present posted as
Lecturer, Women‟s Teacher Training College, Bagodar,
Giridih.
4.Smt. Subrata Mahto wife of Prabhu Narayan Mahto
resident of Lakhipay, PO. Gumuriya, PS-Jaganathpur,
District West Singhbhum, at present posted as Lecturer
DIET Gamhariya District Saraikela Kharswan.
5.Devendra Paswan son of Late Sukhdeo Paswan
resident of Village Motia, PO-Motia, PS-Godda, District
Godda, at present posted as Lecturer, Primary Teacher‟s
Training College, Gumna, District Godda.
6.Lukhi Tudu wife of Sitaram Soren resident of Village-
Kanwadhab, PO. Banshjori, P.S.-Sundarpahar, District
Godda, at present posted as Lecturer, Primary Teacher‟s
Training College, Gumma, District-Godda.
7.Agnes Soren wife of Jondhani Marandi, resident of
Village-Dobha Kusumghati, PO-Kusumghati, P.S-
Lalmatia, District Godda, at present working as BEEO
Nala Jamtara, District Jamtara.
... ... Petitioner(s)
Versus
1. The State of Jharkhand through Secretary, (Education)
Govt. of Jharkhand, P.O.- Dhurwa, P.S.-Dhurwa,
District-Ranchi.
2.Director, Primary School Education and Literacy
Department, P.O. & P.S.-Dhurwa, District-Ranchi.
3.The Regional Deputy Director of Education,
- 30 -
Hazaribagh, PO & P.S.- Hazaribagh, District Hazaribagh.
4. Regional Deputy Director of Education, Palamau, PO &
P.S. Palamau, District- Daltonganj.
5. Regional Deputy Director of Education, Dhanbad, PO,
P.S. and District- Dhanbad.
6. Regional Deputy Director, Giridih, PO, P.S. and
District- Giridih.
7. The Regional Deputy Director, Saraikela Kharsawan,
PO & P.S. Saraikela Kharsawan, District- Saraikela
Kharsawan.
8. The Regional Deputy Director, Godda, PO, P.S. and
District- Godda.
9. The Regional Deputy Director, Jamtara, PO, P.S. and
District- Jamtara.
10.The District Education Officer, Hazaribagh, PO and
P.S. Hazaribagh, District- Hazaribagh.
11. The District Education Officer, Palamau, PO & P.S.
Palamau, District- Daltonganj.
12.The District Education Officer, Dhanbad, PO, P.S. and
District- Dhanbad.
13. The District Education Officer, Giridih, PO, P.S. and
District- Giridih.
14. The District Education Officer, Saraikela Kharswan,
PO, P.S. and District- Saraikela Kharswan.
15. The District Education, Godda, PO, P.S. and District-
Godda.
16. The District Education Officer, Jamtara, PO, P.S. and
District- Jamtara.
17. District Education Officer, Palamau, PO & P.S.
Palamau, District- Daltonganj.
18. District Education Officer, Dhanbad, PO, P.S. and
District Dhanbad.
19. District Education Officer, Giridih, PO, P.S. and
District Giridih.
20. District Education Officer, Saraikela Kharswan, PO,
P.S. and District Saraikela Kharswan.
21. District Education Officer, Godda, PO, P.S. and
District Godda.
22. District Education Officer, Jamtara, PO, P.S. and
District- Jamtara.
23.Principal Women‟s Teacher‟s Training College,
Bagodar, District-Giridih.
24.Principal DIET, Gamhariya, PO-Gamhariya, P.S-
- 31 -
Gamhariya, District Saraikela Kharswan
25. Principal, Teacher‟s Training College, Gumma, P.O.,
P.S-Godda, District-Godda. ... Respondents
with
W.P. (S) No. 607 of 2017
----
Anath Singh Choudhary son of late Kali Path Singh
Choudhary, resident of Village-Topra, P.O. & P.S-
Pindarajora, District Bokaro.
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, Primary Education and Literacy
Department, M.D.I. Building, Dhurwa, P.O. & P.S.-
Dhurwa, District-Ranchi.
3.The Director, Primary Education and Literacy
Department, M.D.I. Building, Dhurwa, P.O. & P.S.-
Dhurwa, District-Ranchi.
4.The District Superintendent of Education, West
Singhbhum, Chaibasa, P.O. P.S. & District Chaibasa.
... Respondents
with
W.P. (S) No. 634 of 2017
----
1.Lakhindra Nath Soren, son of Late Pan Soren, resident
of Village-Hathdhara, PO-Pabia, PS-Bindapathar,
District-Jamtara, at present working as Lecturer,
P.T.T.C, Pabia, Jamtara, Jharkhand.
2.Debsharan Murmu, S/o Shri Gopin Murmu, Resident
of Vill-Mejhia, P.O-Mejhia, P.S-Jamtara, District-
Jamtara, Jharkhand. ... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.Director, Primary School Education and Literacy
Department, P.O. & P.S.-Dhurwa, District-Ranchi.
3.Regional Dy Director of Education, Santhal Pargana,
Dumka, P.O. and P.S-Dumka, District-Dumka
4.District Education Officer, Deoghar, P.O., P.S-Deoghar,
District Deoghar.
5. District Superintendent of Education Officer, Deoghar,
P.O. and P.S-Deoghar, District Deoghar.
6. District Education Officer, Jamtara, P.O., P.S and
District Jamtara.
- 32 -
7.District Supdt. of Education, Jamtara, P.O., P.S and
District Jamtara. ... Respondents
with
W.P. (S) No. 690 of 2017
----
Helen Marandi, W/o Sri Michal Hansda, Posted as Block
Education Extension Officer, Amrapara, Pakur, P.O. P.S.
Amrapara, District-Pakur, at present residing at Vill-
Kurwa, P.O-Dumka, P.S. Dumka, District Dumka.
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
3. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka, P.O. P.S. Dumka, District-
Dumka.
5.District Superintendent of Education, Pakur, P.O. P.S.
Pakur, District- Pakur. ... ... Respondents
with
W.P. (S) No. 691 of 2017
----
Sarkil Marandi, S/o Late Choto Marandi, Block
Education Extension Officer, Mirjachauki, Bhandro, P.O.
Mirjachauki, P.S. Bhandro, District-Sahebganj, at
present residing at Vill- Mirjachauki, P.O. Mirjachauki,
P.S. Bhandro, District-Sahebganj.
... ... Petitioner(s)
Versus
1. The State of Jharkhand
2.The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
3. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
4.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
- 33 -
District-Ranchi.
5.The Regional Deputy Director of Education, Santhal
Pargana Division, P.O., P.S.-Dumka, District-Dumka.
6.District Superintendent of Education, Sahebganj, P.O.
P.S. Sahebganj, District- Sahebganj.
... ... Respondents
with
W.P. (S) No. 725 of 2017
----
Masra Murmu, S/o Late Som Murmu, Block Education
Extension Officer, Pathargawan-2, P.O. P.S-Pathargawan,
District Godda, at present residing at Vill-Tarara, P.O.
P.S-Nischintpur, District Dumka.
... ... Petitioner(s)
Versus
1. The Secretary, School Education and Literacy
Department, (Primary Education), Government of
Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa,
District-Ranchi.
2. State Education Establishment (Primary Education)
through its Chairman, the Director (Primary Education),
M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi.
3.The Director, Primary Education, School Education and
Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,
District-Ranchi.
4.The Regional Deputy Director of Education, Santhal
Pargana Division, P.O., P.S.-Dumka, District-Dumka.
5.District Superintendent of Education, Dumka, P.O. P.S.
Dumka, District- Dumka
... ... Respondents
with
W.P. (S) No. 728 of 2017
----
Subhash Prasad, S/o Late Shyam Sunder Sah, R/o
Khardiha, P.O. Ranka, P.S. Ranka, District Garhwa, at
present posted at R.D.D., Palamu, Jharkhand.
... ... Petitioner(s)
Versus
1. The State of Jharkhand.
2.Director, Primary School Education and Literacy
Department, P.O., P.S.-Dhurwa, District-Ranchi.
3.Regional Deputy Director of Education, Santhal
Pargana Dumka, P.O., P.S.-Dumka, District-Dumka.
- 34 -
4. Regional Deputy Director of Education, Palamau, P.O.,
P.S.-Daltonganj, District-Palamu.
5.District Education Officer, Jamtara, P.O. P.S. and
District- Jamtara
6.District Supdt. of Education, Jamtara, P.O. P.S. and
District- Jamtara.
7. District Education Officer, Garhwa, P.O. P.S. and
District- Garhwa
8. District Supdt. of Education, Garhwa, P.O. P.S. and
District- Garhwa. ... ... Respondents
with
W.P. (S) No. 2932 of 2017
----
1.Jitendra Kumar Burnwal, son of Govind Pd. Burnwal,
Resident of Sudamdih, Riverside, P.O. & P.S. Sudamdih,
District Dhanbad.
2.Omprakash Lal, son of Motilal Chaupal, Resident of
Tenua, P.O. Pothram, District-Darbhanga (Bihar)
3.Sanjay Kumar Suman, son of Rambilas Ray, Resident
of Bhatdih Colliery via Mahuda Bazar, P.O. & P.S.
Mahuda, District-Dhanbad.
4.Hridyanand Tiwari, son of Ramlakhan Tiwari, Resident
of Pachokhor, P.O. Mania, P.S. Aund, District-Siwan.
5.Sanat Kumar Sinha, son of Jaminikant Sinha, Resident
of Madhra, P.O. Rangamatia, P.S. Chandankiyari,
District Bokaro.
6.Gita Kumari, daughter of Mahabir Prasad, Resident of
Matkuria, P.O. + P.S + District-Dhanbad.
7.Naresh Ram, son of Garju Ram, Resident of village +
P.O Chhapmathia, P.S. Mirganj, District-Gopalganj.
8.Indu Kumari, wife of Umesh Kumar Sinha, Resident of
Chhatarbigaha, P.O. + P.S. Amawa, District Nalanda.
9.Baban Kumar, son of Sri Biranchi Paswan, Resident of
Lodna, P.S. Jahria, District Dhanbad.
10. Kumari Siya Rani, daughter of Badri Paswan,
Resident of Madhuban, P.O. Lodna, P.S. Jharia, District
Dhanbad.
11.Pradip Kumar Daw, Son of Shib Shankar Daw,
Resident of Thana More Jharia, P.O. + P.S Jharia,
District Dhanbad.
12.Bikram Kumar Himalaya, son of Rajesh Kumar,
Resident of Vill+ P.O. Madar, District Khagaria.
13.Ram Naresh Paswan, son of Shiwan Paswan, Resident
of Village Baruna, P.O. Dharara, P.S. Ariyari, Shokhpura
- 35 -
(Munger)
14.Deepak Kumar Singh, son of Ashish Kr. Singh,
Resident of Vill + P.O. + P.S-Nawagachhia, District-
Bhagalpur.
15.Yudhishthir Rajak, son of Sri Hublal Rajak, Resident
of Village-Kunji, P.O. Ramnagar Garh, P.S. Mahuda,
District-Dhanbad.
16.Sunanda Singh, daughter of Prbhanjan Singh,
Resident of Village Domgarh, P.O. & P.S. Sindri, District-
Dhanbad.
17.Dina Nath Singh son of Sri Ramdas Singh, Resident of
Village Nunudih No.2, P.O. Jeetpur, P.S. Jorapokhar,
District-Dhanbad. ... ... Petitioner(s)
Versus
1.State of Jharkhand.
2.Principal Secretary, School Education and Literacy
Department, Govt. of Jharkhand, Project Building, P.O.
Dhurwa, P.S-Jagarnathpur, District-Ranchi.
3. Director, Primary Education, School Education and
Literacy Department, Govt. of Jharkhand, Project
Building, P.O. Dhurwa, P.S-Jagarnathpur, District-
Ranchi.
4. Regional Deputy Director of Education, North
Chotanagpur Division, Hazaribag, P.O. & P.S.
Hazaribagh, District Hazaribagh.
5.Deputy Commissioner cum Chairman, District
Education and Establishment Committee, Dhanbad, P.O
& P.S.-Dhanbad, District-Dhanbad.
6.The District Superintendent of Education, Dhanbad,
P.O & P.S.-Dhanbad, District-Dhanbad.
7.Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Govt. of
Jharkhand, Project Building, P.O. Dhurwa, P.S-
Jagarnathpur, District-Ranchi.
8.Under Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Govt. of
Jharkhand, Project Building, P.O. Dhurwa, P.S-
Jagarnathpur, District-Ranchi.
... ... Respondents
with
W.P. (S) No. 6184 of 2019
----
Puspalata Murmu, aged about 37 years, wife of
Devanand Besra, resident of Bypass Gidni Pahadi, P.O.
- 36 -
Dumka, P.S. Dumka, District Dumka.
... ... Petitioner(s)
Versus
1.State of Jharkhand through its Principal Secretary,
Department of Home, Prisons and Disaster Management,
Government of Jharkhand, having its office at Project
Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur,
District Ranchi, Jharkhand.
2.Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, having its office at Project Bhawan, Dhurwa,
P.O. Dhurwa, P.S. Jagannathpur, District Ranchi,
Jharkhand.
3. Director General-cum-Inspector General of Police,
Jharkhand, having its office at Police Headquarters,
Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District
Ranchi, Jharkhand.
4. Inspector General of Police, (Provisions), Jharkhand,
having its office at Police Headquarters, Dhurwa, P.O.
Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand.
5.Deputy Inspector General of Police (Personnel),
Jharkhand, having its office at Police Headquarters,
Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District
Ranchi, Jharkhand.
6.Deputy Inspector General of Police, Dumka, having its
office at Dumka, P.O. and P.S Dumka and District
Dumka, Jharkhand.
7.Superintendent of Police, Godda, having its office at
S.P. office, Godda, P.O. and P.S. Godda and District
Godda, Jharkhand. ... ... Respondents
-------
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
------
For the Petitioners : M/s. Mahesh Tewari, Manoj Tandon,
Ritu Kumar, Bhanu Kumar,
Kundan Kumar Ambastha, Saurav
Arun, Sanjay Kumar Pandey, Anil
Kumar Singh, Binod Kumar,
Abhijeet Kumar Singh, Satish
Kumar Deo, Arshad Hussain,
Rajendra Prasad, Aashish Kumar,
Gopal Nand Mishra, Abhishek
Kumar Dubey, Vikas Kumar, Neha
- 37 -
Bhardwaj, Sneha Kumari, Diksha
Kumari, Sanat Kumar Jha, Harsh
Chandra, Advocates.
For the Respondents: Mr. Sachin Kumar, Addl. A.G.-II
Mr. Ashok Kumar Yadav, G.A.-I
Mr. Om Prakash Tiwari, G.P.-III
Mr. Mithilesh Singh, G.A.-IV
Mr. Suchendra Prasad, G.P.-IV
Mr. Kishore Kumar Singh, S.C.-VI
Mr. Suresh Kumar, S.C.(L&C)-II
Mr. Munna Lal Yadav, S.C.(L&C)-III
Mr. Indranil Bhaduri, S.C.-IV
Mr. Vishal Kumar Rai,
A.C. to G.A.-IV
Ms. Varsha Ramsisaria,
A.C. to G.P.-V
Mr. Awanish Shekhar,
A.C. to A.A.G.-I
Mr. Aditya Raman, A.C. to G.A.III
Mr. Ravi Prakash Mishra,
A.C. to A.A.G.-II
Mr. Ashwini Bhushan,
A.C. to Sr. S.C.-III
Mr. Mihir Kunal Ekka,
A.C. to S.C.-III
Mr.Rajesh Kumar Singh,
A.C. to S.C.(L&C)-II
Mr. Deepak Kumar,
A.C. to S.C. (L&C)-III
Mr. Gaurang Jadodia,
A.C. to S.C.-I
Mr. Ashit Ranjan, A.C. to S.C.-III
---------
--------
ORAL JUDGMENT
Order No. 10: Dated 10thMay, 2022 Learned counsel for the parties have brought to the notice of this Court that all the writ petitions are having similar cause of action and as such the writ petitions were directed to be heard together and, thus, are being disposed of by this common order.
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2. These writ petitions have been filed invoking the jurisdiction of this Court conferred under Article 226 of the Constitution of India for quashing decision of the State-Authority as contained in letter dated 26.02.2015 issued under the signature of respondent no. 2- Secretary, Department of Personnel, Administrative Reforms ad Rajbhasha, Govt. of Jharkhand, by which the departmental letter no. 6063 dated 03.11.2003 was withdrawn with a decision that degree granted by Hindi Vidyapith, Deoghar is not recognized for any purpose including appointment and promotion in government service.
Further prayer has been made for quashing letter dated 01.06.2015 issued under the signature of respondent no. 2, by which letter dated 26.02.2015 was clarified to the extent that letter dated 26.02.2015 will have retrospective effect i.e., the degree granted by Hindi Vidhyapith, Deoghar even before issuance of this letter is not recognized for any purpose.
3. The facts, leading to filing of these writ petitions, are that the Hindi Vidyapith, Deoghar was given recognition by the erstwhile State of Bihar since 1948. The degree of „Sahitya Alankar‟ granted by Hindi Vidyapith, Deoghar made equivalent to graduation for all purpose including
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for the purpose of appointment, promotion in government service.
The erstwhile State of Bihar time to time issued various office orders for recognition of the degree granted by Hindi Vidyapith, Deoghar. One such notification was issued by the erstwhile State of Bihar vide office order as contained in letter dated 11.01.1991, by which, the degree granted by Hindi Vidyapith, Deoghar was recognized for all purpose including for the purpose of promotion and appointment in government job, as would appear from Annexure 1 to the writ petition no. 3115 of 2015.
It is the case of the writ petitioners that after bifurcation of the erstwhile State of Bihar, the successor State of Jharkhand through the Department of Personnel, Administrative Reforms and Rajbhasha recognized the degree granted by Hindi Vidyapith, Deoghar for all purposes including for the purpose of appointment and promotion in government jobs, as would be evident from letter dated 03.11.2003 issued by the State of Jharkhand, Annexure 2 to the Writ Petition No. 3115 of 2015.
The writ petitioners, after having passed their secondary examination from Bihar School Examination
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Board, Patna and Higher Secondary from Bihar Intermediate Education Council, Patna, did graduation from Hindi Vidyapith, Deoghar, i.e., „Sahitya Alankar‟, which is equivalent to degree of graduation granted from any other University recognized by University Grants Commission, New Delhi.
It is the case of writ petitioners that they applied for appointment to the post of Para Teacher/Teacher and after going through the selection process, they were appointed on the post of Para Teacher/Teacher and started to discharge their duties, but the State of Jharkhand all of a sudden came with letter dated 26.02.2015 issued under the Signature of Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Ranchi, whereby it was decided that the State of Jharkhand will not recognize the degree of „Praveshika‟ (equivalent to Matriculation), „Sahitya Bhushan‟ (equivalent to Intermediate) and „Sahitya Alankar (equivalent to Graduation) w.e.f. 26.06.2014 and letter No. 6063 dated 3.11.2003 issued recognizing these degree is withdrawn forthwith. Subsequently, respondent no. 2 issued another letter dated 01.06.2015 in clarification of letter dated 26.02.2015 that the degree granted by Hindi Vidyapith,
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Deoghar even before issuance of letter dated 26.02.2015 is not recognized for any purpose including appointment, promotion etc. in government service.
The petitioners, being aggrieved with letter dated 26.02.2015 as also letter dated 01.06.2015 issued under the signature of respondent no. 2, approached before this Court invoking the jurisdiction conferred on this Court under Article 226 of the Constitution of India on the ground that once the institutions has been recognized by virtue of order passed by the erstwhile State of Bihar vide letter dated 11.01.1991 and thereafter the candidates have appeared and obtained degree of graduation i.e., „Sahitya Alankar‟ in different subjects, as such the State of Jharkhand, after bifurcation, cannot be allowed to come out with different decisions, which is detrimental to the fate of the petitioners.
It has been submitted that once the degree has been obtained by virtue of decision of the State Government i.e., by granting recognition to the institution by taking decision as contained in letter dated 11.01.1991, the degree obtained in consequence of such recommendation cannot be allowed to be questioned by the successor State of Jharkhand by issuing impugned decisions/orders.
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4. Learned counsel for the petitioners have relied upon the decision passed by the Full Bench of the Patna High Court in the case of Ramashankar Patel & Ors Vs. The State of Bihar & Ors. [Civil Writ Jurisdiction Case No. 11255 of 2016 and Civil Writ Jurisdiction Case No. 3828 of 2015] disposed of vide judgment dated 22.08.2019, wherein, according to writ petitioners similar issue was decided holding degree obtained on or after 11.01.1991 till withdrawal of said decision i.e. till 25.08.2008 has been considered to be perfect certificates on the basis of order dated 07.05.2012 passed by Patna High Court in Reeta Srivastava vs. State of Bihar &Ors with analogous cases [(2012) (3) PLJR 353], wherein the learned Single Judge of the Patna High Court has declared the degree of „Sahitya Alankar‟ issued by Hindi Vidyapith, Deoghar would not be taken as valid and recognized degree for appointment of Panchayat Teachers but prior to that for the first time on 27.08.2008 itself the State Governemnt has issued a circular by which the equivalence/validity of Sahityalankar as equivalent to graduation has been taken away and keeping that fact into consideration, the Full Bench of the Patna High Court has come to the finding that the appointment made till 07.05.2012 on the
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basis of certificate of Sahitya Alankar granted by Hindi Vidyapith, Deoghar were saved and as such applying the said ratio in the facts of this case herein also decision was taken vide impugned decisions/orders. Therefore, the impugned orders passed by the State-authority is required to be interfered with by quashing and setting it aside.
Learned counsel for the petitioners further submit that the order passed by Full Bench of Patna High Court in Ramashankar Patel (supra) was affirmed by Hon‟ble Apex Court in Special Leave Petition (Civil) Diary No(s). 6359 of 2021.
5. Mr. Sachin Kumar, learned A.A.G. II appearing for the State of Jharkhand has defended the order passed by the respondents-authorities, as has been impugned in these writ petitions, but so far as the issue having been decided by the Patna High Court in Ramashankar Patel (supra) is concerned and dismissal of S.L.P. being Special Leave Petition (Civil) Diary No(s). 6359 of 2021 by the Hon‟ble Apex Court has not been disputed. However, question of applicability of Full Bench Judge of Patna High has been raised.
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6. We have heard learned counsel for the parties, perused the documents available on record as also the finding recorded by learned Single Judge.
7. The facts, which are not in dispute, is as under:
The petitioners have tried to make out a case showing validity of the certificate issued by the Hindi Vidyapith, Deoghar basis of such submission is issuance of circular/letter/order dated 11.01.1991, copy of which is appended as Annexure 1 to the writ petition. It is evident from the aforesaid order, which has been issued by Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar whereby and whereunder the degree of „Praveshika‟ has been made equivalent to Matriculation; „Sahitya Bhushan‟ has been made equivalent to Intermediate; and „Sahitya Alankar has been made equivalent to Graduation.
In the cases at hand, petitioner after doing „Sahitya Alankar‟ from Hindi Vidyapith, Deoghar obtained government jobs and started to discharge their duties on their respective posts. But, all of a sudden the State-
authority has come out with an order as contained in letter dated 26.02.2015 issued under the signature of respondent no. 2-Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of
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Jharkhand, whereby and whereunder equivalence of the degree which was granted in pursuance to order dated 11.01.1991 i.e., „Praveshika‟, „Sahitya Bhushan‟ and „Sahitya Alankar‟ have been made equivalent to Matriculation, Intermediate and Graduation respectively, was recalled w.e.f. 26.06.2014 by recalling decision as contained in letter no. 6063 dated 03.11.2003.
Subsequent to the issuance of the aforesaid letter, the State of Jharkhand has again come out with another communication dated 01.06.2015 issued under the signature of respondent no. 2, by which decision was taken to the effect that the recognition of the degree issued by the Hindi Vidyapith, Deoghar w.e.f. 26.06.2014 has been cancelled and such degrees having been issued by Hindi Vidyapith, Deoghar will not have recognition. Further decision was taken also to the effect that such certificate will have no validity even such certificate has been issued prior to 26.06.2014.
The writ petitioners, being aggrieved with the aforesaid decisions are before this Court by filing these writ petitions relying upon the Full Bench judgment of Patna High Court in Ramashankar Patel (supra) deciding the similar issues.
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8. At this stage, question has been raised that the order passed by the Patna High Court on or after 15.11.2000 is not having binding effect upon the Jharkhand High Court.
There is no dispute that the order passed by the different High Courts is not having binding precedence upon another High Court. Even though the order passed by different High Court is having no binding effect, but order passed by the different High Courts is having the persuasive value for coming to a conclusion, taking into consideration the facts of the case, as such it is required to first dealt with the facts of both the cases.
Reference in this regard be made to the judgment rendered in Pradip J. Mehta v. Commissioner of Income Tax, Ahmedabad [(2008) 14 SCC 283], wherein at paragraph 23, it has been held as under :-
"23. Although, the judgments referred to above were cited at the Bar in the High Court, which were taken note of by the learned Judges of the Bench of the High Court, but without either recording its agreement or dissent, it answered the two questions referred to it in favour of the Revenue. Judicial decorum, propriety and discipline required that the High Court should, especially in the event of its contra view or dissent, have discussed the aforesaid judgments of the different High Courts and recorded its own reasons for its
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contra view. We quite see the fact that the judgments given by a High Court are not binding on the other High Court(s), but all the same, they have persuasive value. Another High Court would be within its right to differ with the view taken by the other High Courts but, in all fairness, the High Court should record its dissent with reasons therefor. The judgment of the other High Courts, though not binding, have persuasive value which should be taken note of and dissented from by recording its own reasons."
This Court, in order to consider the persuasive value of the judgment, is of the view that the requirement is to see the factual aspects of the judgment of the Patna High Court vis-à-vis the factual aspects involved in this case, so as to see as to whether the factual aspects of the given case is similar to the factual aspect of the judgment passed by the Full Bench of Patna High Court.
9. This Court, therefore, before entering into the legality and propriety of the impugned decision of the State-authority, deems it fit and proper to go through the judgment rendered by Full Bench of Patna High Court, wherefrom following facts/conclusions are derived:
(I).The matter was placed before the Full Bench due to divergent view of the Court in the matter, as such in order to resolve the issues the learned Single Judge vide order dated 20.03.2017 passed in C.W.J.C. No.
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11255 of 2016, ordered to place the matter before the Full Bench for its consideration.
For ready reference, order dated 20.03.2017 passed in C.W.J.C. No. 11255 of 2016 is reproduced as under:
"Heard learned counsel for the petitioners and the State.
The petitioners have moved the Court being aggrieved by non-consideration of their casefor promotion to B.A. Trained Scale. The petitioners have the degree of Sahitya Alankar from Hindi Vidyapeeth, Deogarh which is claimed to be equivalent to graduate degree. Learned counsel for the petitioners submitted that being equivalent, such degree has to be recognized for the purposes of promotion also, since based on such degree, they have got post graduate degree from Nalanda Open University which is the University of the State Government. Learned counsel has also drawn the attention of the Court to the circular of the Personnel and Administrative Reforms Department dated 11.01.1991 by which Sahitya Alankar from Hindi Vidyapeeth, Deogarh has been made at par with B.A. degree with the rider that it should be with English. Learned counsel submitted that even a Division Bench of this Court in L.P.A. No. 11 of 2014 (Dr.Amresh Thakur Vs. The State of Bihar &Ors.) dated 27.01.2016 as well as L.P.A. No. 460 of 2014 (Binod Kumar Vs.The State of Bihar &Ors.) dated 19.08.2016 has held that a person having Sahitya Alankar degree on the basis of which he had achieved higher qualification, shall be considered for the purpose of giving promotion to B.A./Graduate Trained Scale. Learned counsel also referred to a coordinate Bench judgment dated 03.05.2016 passed in C.W.J.C. No. 4401 of 2013 (Chandra Bhushan Pd. Singh &Ors. Vs. The State of Bihar &Ors.) for the same proposition.
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Learned counsel for the State submitted that all the orders passed, including that by the Division Benches, have not taken into consideration the earlier order passed by a Division Bench in C.W.J.C. No. 13836 of 2012 (Murlidhar Singh &Ors. Vs. the State of Bihar &Ors.) dated 27.11.2012, where it has been held that for the purposes of employment or promotion the qualification of Sahitya Alankar from Hindi Vidyapeeth, Deogarh cannot be taken into consideration. Learned counsel submitted that the said view was also expressed by this Court in earlier decisions of this Court in the cases of State of Bihar vs. MamtaKumari reported as 2010 (4) PLJR 318 and Poonam Sharma vs. State of Bihar reported as 2012(1) PLJR 226. It was submitted that the Court in the said decision has referred to various articles of the Bihar Education Code as well as provisions of the Bihar Taken Over Elementary School Teachers' Promotion Rules, 1993, which subsequent judgments have not considered. In view of the aforesaid, in the opinion of this Court, the subsequent judgments of this Court relied upon by learned counsel for the petitioners, having not considered/noticed the earlier Division Bench judgment of this Court in the case of Murlidhar Singh &Ors. (supra), and also taking into account the fact that subsequently the Government has also clarified the situation by categorically holding that Sahitya Alankar from Hindi Vidyapeeth, Deogarh shall not be recognized as equivalent to graduate degree in Notification No. 5267 dated 08.04.2016 of the General Administration Department, the matter is referred to a Larger Bench for considering the issue. Accordingly, the matter be placed before Hon'ble the Chief Justice for being heard by a Full Bench."
(II).The petitioners, in those cases, were appointed as Assistant Teachers and obtained certificate of Sahityalankar from Hindi Vidyapeeth, Deoghar at the
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relevant time of their appointment, which was treated equivalent to graduation degree and moved the Court being aggrieved by non-consideration of their case for promotion to B.A. Trained Scale.
(III).The petitioners relied upon the notification no. 541 dated 11.01.1991 issued by the General Administration Department, Govt. of Bihar by which the State of Bihar declared and granted permanent equivalence to the degree of Sahityalankar awarded by Hindi Vidyapeeth, Deoghar as equivalent to graduation in Arts.
(IV).The Successor State of Bihar came with notification dated 08.04.2016, whereby earlier departmental order as contained in memo dated 11.01.1991 was cancelled w.e.f. 07.05.2012 w.e.f. the issuance of judgment passed in Reeta Srivastava (supra) dated 07.05.2012, and it was declared that the appointments made on the basis of different certificates awarded by Hindi Vidyapith, Deoghar prior to said date shall remain unaffected.
For ready reference, notification dated 08.04.2016 is reproduced as under:
^^fcgkj ljdkj lkekU; iz'kklu foHkkx AA vf/klwpuk AA
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iVuk& 15] fnukad 8-4-2016 i=kad&3@,e0&15@2015 lk0iz0 5267@lkekU; iz'kklu foHkkx ¼rRdkyhu dkfeZd ,oa izf'k{k.k foHkkx½ ds vkns'k Kkikad&8@vkj0 1&303@84 dk0&541 fnukad&11 tuojh] 1991 }kjk ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa] ;Fkk&izofs 'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj ¼Lukrd ds led{k½ dks Øe'k% eSVªhd] vkbZ0,0 ,oa ch0,0 ds led{k dfri; 'krksZa ds v/khu ekU;rk iznku dh x;h FkhA 2- fgUnh fo|kihB nso?kj }kjk iznRr ^^lkfgR;kyadkj** dh mikf/k dh ekU;rk ds laca/k esa lh0MCyw0ts0lh0 la0&13343@2011 esa fnukad&07-05-2012 dks ekuuh; mPp U;k;ky;] iVuk }kjk ikfjr U;k;kns'k ds voyksdu ls Kkr gksrk gS fd ekuuh; mPp U;k;ky; us u dsoy lkfgR;kyadkj dh mikf/k dh ekU;rk ds lac/a k esa viuk fopkj j[kk gS] cfYd dsUnzh; fgUnh funs'kky; }kjk fuxZr fnukad&05-05-1998 ds izsl uksV ds vk/kkj ij LoSfPNd laLFkkuksa }kjk iznRr lfVZfQdsV] fMxzh ,oa fMIyksek dh mikf/k dks gkbZ Ldwy] bUVjehfM,V vFkok ch0,0 ds led{k ugha ekuk gSA vr% ekuuh; mPp U;k;ky; dh mi;qZDr U;k;kns'k dk lkfgR;kyadkj dh mikf/k ds lkFk&lkFk izosf'kdk ,oa lkfgR;Hkw"k.k dh mikf/k ds vk/kkj ij izkIr ukSdjh ,oa izksUufr ij iM+us okys izHkko ,oa Hkfo"; esa blds vk/kkj ij jkT; esa ljdkjh lsok esa fu;qfDr vFkok izksUufr dk iz'u ljdkj ds le{k fopkjk/khu FkkA 4- f'k{kk foHkkx] rRdkyhu ekuo lalk/ku foHkkx }kjk fcgkj jkT; ds izkjafHkd ,oa ek/;fed@mPprj ek/;fed fo|ky;ksa esa f'k{kdksa ds fu;kstu gsrq fMxzh@mikf/k;ksa dh ekU;rk rFkk led{krk ds laca/k esa fuxZr vkns'k Kkikad Øe'k% 3152 fnukad 25-08-2008 ,oa 1346 fnukad&27-08-2008 }kjk fgUnh fo|kihB] nso?kj }kjk iznRr izosf'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dh mikf/k;ksa dks izkjafHkd@ek/;fed ,oa mPprj ek/;fed fo|ky;ksa esa f'k{kd fu;kstu gsrq iwoZ esa gh vekU; ?kksf"kr fd;k tk pqdk gSA 5- mi;qZDr of.kZr rF;ksa ,oa lh0MCyw0ts0lh0 ua0&13343@2011 esa ekuuh; mPp U;k;ky; iVuk }kjk ikfjr fnukad&07-05-2012 ds leqfDr;ksa ¼Observation½ ,oa U;k;kns'k ds vkyksd esa leqfpr fopkjksijkar fgUnh fo}kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa dh ekU;rk lac/a kh foHkkxh; vkns'k Kkikad&8@vkj01&303@84dk0&541 fnukad&11 tuojh] 1991 dks mDr U;k;kns'k dh frfFk vFkkZr~ fnukad&07-05-2012 ls fujLr fd;k tkrk gSA mDr frfFk ls iwoZ fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa ds vk/kkj ij dh x;h fu;qfDr@izksUufr ij bldk dksbZ izHkko ugha iM+sxkA fcgkj jkT;iky ds vkns'k ls ¼vf'ouh nRrk=s; Bkdjs] Hkk0iz0ls0½ ljdkj ds vij lfpo Kki la[;k&3@,e0&15@2015 lk0iz0 5267@iVuk&15] fnukad 8-4-2016 izfrfyfi%&v/kh{kd] lfpoky; eqnz.kky;] xqytkjckx] iVuk@E- Gazette dks"kkax] foRr foHkkx] fcgkj] iVuk dks fcgkj jkti= ds vlk/kkj.k vad esa izdk'kukFkZ izsf"krA ¼vf'ouh nRrk=s; Bkdjs] Hkk0iz0ls0½ ljdkj ds vij lfpo Kki la[;k&3@,e0&15@2015 lk0iz0 5267@iVuk&15] fnukad 8-4-2016 izfrfyfi%&lHkh foHkkx@lHkh foHkkxk/;{k@lHkh izeaMyh; vk;qDr@lHkh
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ftyk inkf/kdkjh@fcgkj yksd lsok vk;ksx@fcgkj deZpkjh p;u vk;ksx@fcikMZ] okfYe] iVuk dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼vf'ouh nRrk=s; Bkdjs] Hkk0iz0ls0½ ljdkj ds vij lfpo (V).Subsequently, the successor State of Bihar came with notification dated 24.08.2017 wherein it was decided that appointments made in between 07.05.2012 and 08.04.2016 shall remain unaffected, the same is reproduced as under:
fcgkj ljdkj lkekU; iz'kklu foHkkx AA vf/klwpuk AA iVuk& 15] fnukad 24-8-2017 i=kad&3@,e0&15@2015 lk0iz0 10878@lkekU; iz'kklu foHkkx ¼rRdkyhu dkfeZd ,oa izf'k{k.k foHkkx½ ds vkns'k Kkikad&8@vkj0 1&303@84 dk0&541 fnukad&11 tuojh] 1991 }kjk ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa ;Fkk&izofs 'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj ¼Lukrd ds led{k½ dks Øe'k% eSVªhd] vkbZ0,0 ,oa ch0,0 ds led{k dfri; 'krksZa ds v/khu ekU;rk iznku dh x;h FkhA 2- fgUnh fo|kihB nso?kj }kjk iznRr lkfgR;kyadkj dh mikf/k dh ekU;rk ds laca/k esa lh0MCyw0ts0lh0 la0&13343@2011 esa fnukad&07-05-2012 dks ekuuh; mPp U;k;ky;] iVuk }kjk ikfjr U;k;kns'k ds vuqikyu esa foHkkxh; vf/klwpuk Kkikad&5267 fnukad 08-04-2016 }kjk fuEukafdr fu.kZ; vf/klwfpr fd;k x;kA lh0MCyw0ts0lh0 ua0&13343@2011 esa ekuuh; mPp U;k;ky; iVuk }kjk ikfjr fnukad&07-05-2012 ds leqfDr;ksa ¼Observation½ ,oa U;k;kns'k ds vkyksd esa leqfpr fopkjksijkar fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa dh ekU;rk laca/kh foHkkxh; vkns'k Kkikad&8@vkj0 1 303@84 dk0 541 fnukad&11 tuojh] 1991 dks mDr U;k;kns'k dh frfFk vFkkZr~ fnukad&07-05-2012 ls fujLr fd;k tkrk gSA mDr frfFk ls iwoZ fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa ds vk/kkj ij dh x;h fu;qfDr@izkUs ufr ij bldk dksbZ izHkko ugha iM+sxkA 3- mDr fu.kZ; ds laca/k esa dfri; foHkkxksa ls fnukad 07-05-2012 ds iwoZ fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa ds vk/kkj ij fnukad 07- 05-2012 ls vf/klwpuk fuxZr fd;s tkus dh frfFk 08-04-2016 ds chp dh x;h fu;qfDr@izkUs ufr ds lac/a k esa Li"V fn'kk funs'k miyC/k djkus dk vuqjks/k izkIr gqvkA 4- izklafxd ekeys esa fo}ku egkf/koDrk }kjk fn;s x;s ijke'kZ dk dk;Zdkjh va'k fuEuor gS
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"Thus in my opinion, the clause simply means that appointments/promotions made/given on the basis of certificates issued by Hindi Vidyapeeth, Deoghar prior to 07.05.2012 until the issuance of the notification by the G.A.D. dated 08.04.2016 shall not be affected.
This also makes clear that no further appointments/promotions can be given on the basis of certificates granted by Hindi Vidyapeeth, Deoghar treating it equivalent to Matric, I.A. and B.A."
5- vr% lE;d fopkjksijkar Li"V fd;k tkrk gS fd ^^fgUnh fo}kihB] nso?kj }kjk fnukad&07-05-2012 ls iwoZ iznRr mikf/k;ksa ds vk/kkj ij fnukad 07-05- 2012 ls vf/klwpuk Kkikad&5207 fnukad&08-04-2016 fuxZr gksus ds chp ¼vFkkZr~ fnukad 08-04-2016 rd½ dh x;h fu;qfDr@izksUufr mDr vf/klwpuk ls vizHkkfor jgsxhA ijUrq fnukad 08-04-2016 ds i'pkr~ mDr mikf/k;ksa ds vk/kkj ij dksbZ fu;qfDr@izkUs ufr ugha dh tk ldsxhA fcgkj jkT;iky ds vkns'k ls ¼ jktsUnz jke½ ljdkj ds vij lfpo Kki la[;k&3@,e0 15@2015 lk0iz0 10878@iVuk&15] fnukad 24-8-2017 izfrfyfi%&izHkkjh inkf/kdkjh] bZ&xtV dks"kkax] foRr foHkkx] fcgkj] iVuk dks fcgkj jkti= ds vlk/kkj.k vad esas izdk'kukFkZ izsf"krA ¼ jktsUnz jke½ ljdkj ds vij lfpo Kki la[;k&3@,e0&15@2015 lk0iz0 10878@iVuk&15] fnukad 24-8-2017 izfrfyfi%&lHkh foHkkx@lHkh foHkkxk/;{k@lHkh izeaMyh; vk;qDr@lHkh ftyk inkf/kdkjh@fcgkj yksd lsok vk;ksx@fcgkj deZpkjh p;u vk;ksx@fcikMZ@ckfYe] iVuk dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼ jktsUnz jke½ ljdkj ds vij lfpo It is evident that by virtue of notification issued by the successor State of Bihar dated 08.04.2016 wherein it has been decided that any appointment or promotion made on the basis of certificates issued by Hindi Vidyapith, Deoghar prior to 07.05.2012 shall not be affected, but, the subsequent notification dated 24.08.2017, which was by way of
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clarification clarifying that any appointment made on the basis of degree obtained prior to 07.05.2012, between 7.05.2012 and 08.04.2016 shall remain unaffected.
(VI).The aforesaid decision was considered by the Full Bench of Patna High Court and by giving thoughtful consideration of the admitted position that the citation of Sahitya Alankar has been recognized as Graduation vide notification dated 11.01.1991 and the Patna High Court in the case of Reeta Srivastava (supra) decided on 07.05.2012 had declared that the degree of Sahity Alankar issued by Hindi Vidyapith, Deoghar cannot be taken a valid degree and recognized degree for appointment on the post of Panchayat Teachers but prior to that for the first time on 27.08.2008 the State Government issued circular by which the equivalence/validity Sahityalankar as equivalent to graduation has been taken away and came to the conclusion that the aforesaid circulars dated 08.04.2016 and 24.08.2017 of the Government of Bihar have in fact created anomalous situation since notification dated 08.04.2016 has been issued referring to the decision of the learned Single Judge of Patna High Court in the case of Reeta Srivastava
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(supra) on 07.05.2012, which clearly states that the Education Department has already declared the „Praveshika‟ „Sahitya Bhushan‟ and Sahityaalankar certificates of Hindi Vidyapeeth, Deoghar invalid vide memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008 for the purpose ofappointment in the Elementary and Secondary/Higher SecondarySchools in the matter of appointment of Teachers. Vide notification dated 08.04.2016 the earlier departmental ordercontained in memo dated 11th January, 1991 was cancelled w.e.f. the date of judgment i.e. 07.05.2012 and it was declared that the appointments made on the basis of different certificates awarded by the Hindi Vidyapeeth, Deoghar prior to thesaid date shall remain unaffected.
Thus, the Full Bench of Patna High Court has found that the appointments made till 07.05.2012 on the basis of certificates awarded by Hindi Vidyapeeth, Deoghar before 25.08.2008 were saved. (VII).The Full Bench further hold that the subsequent notification dated 24.08.2017 was issued with an intention to save the appointments/promotions granted between 07.05.2012 and 08.04.2016 on the
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basis of the degree awarded by Hindi Vidyapeeth, Deoghar prior to 07.05.2012.
(VIII).It was further hold that the notification dated 08.04.2016 clearly provides that the appointments made prior to 07.05.2012, on the basis of the certificates granted by Hindi Vidyapeeth, Deoghar shall not get affected. Further the notification dated 08.04.2016 did not extend the validity of the certificates granted after 25.08.2008. The notification vide Memo No. 3152 dated 25.08.2008 and Memo No. 1346 dated 27.08.2008 had already declared the certificates granted by Hindi Vidyapeeth, Deoghar invalid for the purpose of teachers appointment but when the notification dated 24.08.2017 was issued, paragraph „3‟ of the said notification was couched in different words without referring to the Memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008.
The Full Bench considered the same to be purposely avoided as both the notifications are of the same General Administration Department, Government of Bihar and in this background the notification dated 24.08.2017 has been issued saying that the appointments made and promotions granted between 07.05.2012 and 08.04.2016 on the basis of
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the certificates granted by Hindi Vidyapeeth, Deoghar prior to 07.05.2012 shall remain unaffected. The last notification of the General Administration Department has, thus, done two things by ignoring the order as contained in Memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008 issued by the Education Department, Government of Bihar. The first consequence of it is that now they have granted validity to the certificates issued by Hindi Vidyapeeth, Deoghar from 25.08.2008 till 06.05.2012 and secondly they have validated the appointments made on the basis of those certificates after 07.05.2012 till 08.04.2016. Such conclusion has been arrived at on the basis of judgment of Division Bench rendered in the case of Sanjay Kumar & Ors Vs. The State of Bihar &Ors [2009(4) PLJR 1038], wherein it was declared that the notifications issued by the Education Department as well as the Administration Department cannot betaken differently because the notifications issued by one Department or the other in the name of Governor is a notification by the Government and come to the conclusion that the subsequent notification dated 08.04.2017 has in fact undone the effect of the memo dated 25.08.2008 and 27.08.2008
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issued by the Human Resources Development Department.
(IX).The Full Bench of Patna High Court, in view of the aforesaid discussions, has come to final conclusion that there is no conflict of opinion in the two sets of cases which have been referred by the learned Single Judge in the case of Mamta Kumari (supra), Poonam Sharma (supra) and Murlidhar Singh (supra) were rendered in a totally different fact situation. Further, the judgment of the Hon‟ble Division Bench of this Court in the case of Dr. Amaresh Thakur (supra) and Binod Kumar (supra) even though does not refer the earlier judgments of the learned co-ordinate Bench, they have been rendered in respect of the petitioner(s) who had acquired higher qualification. These two judgments are, therefore, not in conflict with the earlier judgments on the subject. Accordingly, the reference was answered by Full Bench of Patna High Court.
(X).The Full Bench, after answering the reference instead of remitting the matter to the learned Single Judge, at the request of learned counsel for the parties heard the matter and disposed of holding that "in terms of the notification of the General Administration
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Department as contained in Memo No. 541 dated 11th January, 1991 the Sahityaalankar certificate had got equivalence to the graduation at least prior to 25.08.2008, therefore, those writ petitioners who obtained their Sahityalankar degree from Hindi Vidyapeeth, Deoghar prior to 25.08.2008 would come within the framework of the notification dated 11 th January, 1991 and shall be entitled for consideration for promotion to B.A. (Trained) Scale."
10. Herein, it would be relevant to mention that the aforesaid judgment was affirmed by Hon‟ble Apex Court in S.L.P. being Special Leave Petition (Civil) Diary No(s). 6359 of 2021.
11. It is evident that the Full Bench of the Patna High Court has considered the effect of circulars/orders issued on 08.04.2016 and 24.08.2017. The notification dated 08.04.2016 has been issued by which the earlier departmental order as contained in order dated 11.01.1991 was cancelled w.e.f. 7.05.2012, i.e., the date of judgment passed in Reeta Srivastava (supra). Further, notification dated 24.08.2017 was issued with an intention to save appointment/promotion granted between 7.5.2012 to 8.04.2016 on the basis of degree awarded by Hindi Vidyapity, Deoghar prior to 7.5.2012.
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12. Now coming to factual aspect of this case so to examine as to whether the State of Jharkhand has come out with similar notification as was issued by the Successor State of Bihar as on 8.04.2016 and 24.08.2017 or not?
13. But, prior to consideration of the fact about issuance of notification by the State of Jharkhand, it requires to refer herein that the basic dispute about the fact that recognition granted to Hindi Vidyapith, Deoghar was on the basis of order passed by the erstwhile State of Bihar dated 11.01.1991, which binds the State of Jharkhand till at least 15.11.2000 and thereafter its supersession by issuance of other notification(s) in this regard.
14. Facts of the case at hand, leading to filing of present writ applications, are that:
(I).The State of Jharkhand through the Department of Personnel, Administrative and Rajbhasha has come out with an order dated 03.11.2003 whereby and whereunder the validity of the decision issued by the erstwhile State of Bihar by virtue of order dated 11.01.1991 was adopted by the State of Jharkhand, as would appear from content of the said letter.
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For ready reference, letters dated 11.01.1991 and 03.11.2003 are reproduced hereunder as:
Letter dated 11.01.1991:
fcgkj ljdkj dkfeZd ,oa iz'kklfud lq/kkj foHkkxA vkns'k vk0 la[;k&8 vkj1&303@84 dk0 541@iVuk&15] fnukad 11 tuojh 91- fo"k; %&ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa ;Fkk&izosf'kdk] lkfgR; Hkw"k.k ,oa lkfgR;kysdj dks Øe'k% eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k LFkk;h ekU;rkA dkfeZd ,oa iz'kklfud lq/kkj foHkkx ds vkns'k la[;k&184 fnukad 7 tuojh 1987 }kjk fgUnh fo|kihB] nso?kj }kjk iznLr mikf/k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k] lkfgR;kysdkj dks Øe'k% eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k ekU;rk dk foLrkj 31-12-1987 rd fd;k x;k FkkA vc jkT; ljdkj }kjk HkyhHkkafr fopkjksijkUr fgUnh fo|kihB] nso?kj }kjk iznRr mijksDr mikf/k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k rFkk lkfgR;kysdkj dks eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k fuEukafdr 'kRrksZ ds v/khu LFkkbZ ekU;rk iznku dh tkrh gSA Ø0 ijh{kk led{k ijh{kk vfHk;qfDr la[;k dk dk uke uke 1 2 3 4 1 fgUnh lsdsUMªh Ldwy 1 mEehnokjksa us vaxzsth dks fo|kihB] ijh{kk&o'kRrsZ viuk ,d fo"k; cuk;k gks nso?kj fd ;k eSfVªdqys'ku ch0,0 Hkkx&1 ;k 2 fo|kihB ls mlh Lrj vkbZ0,0 ds led{k dh dsoy vaxzsth dh ijh{kk mRrh.kZ gks vFkok 3 os fdlh ifjfu;r Hkkjrh; fo'ofo|ky; ;k cksMZ ls leku Lrj dh dsoy vaxzsth dh ijh{kk vFkok vaxzsth okrkZyki] jpuk rFkk la{ksi. izslhl jkbZfVax esa ml Lrj dh ;ksX;rk iznk;h tkap esa mRrh.kZ gks ftl Lrj dh vk'kk fcgkj ds ifjfu;r fo'ofo|ky; dh ;k fcgkj fo|ky;
ijh{kk cksMZ dh vuqlkjh ijh{kkvksa esa mRrh.kZ mEehnokjksa ls dh tkrh gSA
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v'kksd dqekj pkS/kjh
ljdkj ds lfpoA
Kkikad&8 vkj1&303@84 dk0 501@iVuk&15] fnukad 11 tuojh 91- izfrfyfi&ljdkj ds lHkh foHkkxk/;{k@lHkh ftyk inkf/kdkjh@f'k{kk ea=ky;] Hkkjr ljdkj ubZ fnYyh ,oa laca/k laLFkkvksa ds fuca/ku dks tkudkjh ,oa vko';d dkjZokbZ ds fy, vxzlkfjr v'kksd dqekj pkS/kjh ljdkj ds lfpoA Letter dated 03.11.2003:
i= la[;k&7@fo0 fo0 ik0&5013@2001 dk0 6063@ >kj[k.M ljdkj] dkfeZd] iz'kklfud lq/kkj rFkk jktHkk"kk foHkkxA izs"kd] Jh fuR; 'kadj eq[kksik/;k;
ljdkj ds mi lfpoA lsok es]a ljdkj ds lHkh foHkkxA lHkh foHkkxk/;{kA lHkh mik;qDrA jk¡ph] fnukad&03-11-03 fo"k;% & ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa ;Fkk&izosf'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dks Øe'k% eSfVªd] vkbZ0 ,0 ,oa ch0 ,0 ds led{k LFkk;h ekU;rk ds lEcU/k esaA egk'k;] funs'kkuqlkj mi;ZqDr fo"k; ds lEcU/k esa dkfeZd ,oa iz'kklfud lq/kkj] fcgkj] iVuk }kjk izpkfjr i= la[;k&8@vkj0&303@84 dk0 541 fnukad 11-01-91 dh izfrfyfi layXu djrs gq, dguk gS fd mDr ifji= >kj[k.M jkT; esa ykxw gSA fo'oklHkktu] gLrk{kj 03-11-03 ljdkj ds mi lfpo mi 7@fo0 fo0 ik0&5013@2001 dk0 6063@jk¡ph] fnukad 03-11-03 izfrfyfi% & f'k{kk ea=ky; Hkkjr ljdkj] ubZ fnYyh ,oa lacaf/kr laLFkkvksa ds fuca/kd dks vko';d dkjokbZ gsrq vxzlkfjrA gLrk{kj 03-11-03 ljdkj ds mi lfpo
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It is, thus, evident that the decision which was taken by erstwhile State of Bihar through Education Department vide order dated 09.01.1991 was adopted by the State of Jharkhand by virtue of decision as contained in letter dated 03.11.2003, as quoted above.
(II).The State of Jharkhand, thereafter, has come out with decision as contained in communication dated 26.02.2015 whereby it was decided that the State of Jharkhand will not give recognition to the degree of „Praveshika‟ (equivalent to Matriculation), „Sahitya Bhushan‟ (equivalent to Intermediate) and „Sahitya Alankar (equivalent to Graduation) w.e.f.
26.06.2014 recalling letter No. 6063 dated 3.11.2003 by which these degree were recognized. For ready reference, letter dated 26.02.2015 is reproduced hereunder as:
izs"kd] ,l0 ds0 'kriFkh ljdkj ds iz/kku lfpoA lsok es]a lHkh vij eq[; lfpo@iz/kku lfpo@lfpo] lHkh foHkkxk/;{[email protected]; vk;qDr@mik;qDr >kj[k.M A jk¡ph] fnukad 26 Qjojh 2015 fo"k;%& mi;qZDr fo"k;d foHkkxh; i=kad 6063 fnukad&03-11-2003 ds }kjk dkfeZd ,oa iz'kklfud lq/kkj foHkkx] fcgkj] iVuk ds i= la[;k 8@vkj&303@84 dk0 541 fnukad 11-01-1991 tks fgUnh fo|kihB] nso?kj }kjk vnr mikf{k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dks
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Øe'k% eSafVªd] vkbZ0,0 ,oa ch0,0 ds led{k ekU;rk nsus ls lEcfU/kr gS dks >kj[k.M jkT; esa ykxw jgus dk funs'k lalwfpr fd;k x;k FkkA jkT; ljdkj ds }kjk lE;d fopkjksijkUr fgUnh fo|kihB] nso?kj }kjk fn;s tkusokyh mikf/k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dh Øe'k% eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k LFkk;h ekU;rk dks fnukad 26-06-2014 ds izHkko ls lekIr djrs gq, foHkkxh; i=kad&6063 fnukad 03-11-2003 dks foyksfir djus dk fu.kZ; fy;k x;k gSA bl Øe esa Li"V djuk gS fd fgUnh fo|kihB] nso?kj }kjk iznr mDr fo"k;d fdlh Hkh [email protected]&i= dks vcls fdlh Hkh fu;qfDr@izksUufr ds fy, ekU;rk ugha nh tk;sxhA fo'oklHkktu] ,l0 ds0 'kriFkh (III).Subsequently, respondent no. 2 issued another letter dated 01.06.2015 in clarification of letter dated 26.02.2015 to the effect that the degree granted by Hindi Vidyapith, Deoghar even before issuance of letter dated 26.02.2015 is not recognized for any purpose including appointment, promotion etc. in government service.
For ready reference, the letter dated 01.06.2015, Annexure 9 to the writ petition, is reproduced herein below:
i=kad & 6 uhfr& 07&14 dk0 >kj[k.M ljdkj dkfeZd] iz'kklfud lq/kkj rFkk jktHkk"kk foHkkx 4786 izs"kd] jkgqy dqekj ljdkj ds voj lfpoA lsok es]a lHkh vij eq[; lfpo@iz/kku lfpo@lfpo lHkh foHkkxk/;{[email protected]; vk;qDr@mik;qDr >kj[k.M jkaph fnukad 01@6@15 fo"k; %& ljdkjh lsok esa fu;qfDr@izksUufr gsrq fgUnh fo|kihB] nso?kj }kjk fn;s tkusokys mikf/k;ksa dh LFkk;h ekU;rk lekIr djus ds funs'k ds lEcU/k esa Li"Vhdj.kA
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egk'k;] mi;qZDr fo"k;d foHkkxh; i=kad& 1863 fnukad & 26-02-2015 ds }kjk fu.kZ; fy;k x;k gS fd fgUnh fo|kihB nso?kj }kjk nh tkusokyh mikf/k;ksa dh ekU;rk fnukad & 26-06-2014 ds izHkko ls lekIr dh tkrh gS ,oa lanfHkZr fdlh Hkh [email protected] i= dk vc ls fdlh Hkh fu;qfDr@izkUs ufr ds fy, ekU;rk ugha nh tk;sxhA bl lanHkZ esa fofHkUu L=ksr ls bl fcUnq ij Li"Vhdj.k dh vis{kk dh tk jgh gS fd fnukad 26-06-14 ds iwoZ fgUnh fo|kihB] nso?kj }kjk fuxZr fdlh Hkh [email protected] i= dh ekU;rk fu;qfDr@izksUufr ds fy, nh tk;sxh vFkok ughaA 2- dkfeZd foHkkx ds }kjk fuxZr mDr ladYi ds }kjk fuEukafdr fu.kZ; lalwfpr gS %& ¼d½ fgUnh fo|kihB] nso?kj }kjk nh tkusokyh mikf/k;ksa dh ekU;rk fnukad 26-06-2014 ds izHkko ls lekIr dh tkrh gSA ¼[k½ fgUnh fo|kihB] nso?kj }kjk iznr fdlh Hkh [email protected] i= dh vc ls fdlh Hkh fu;qfDr@izksUufr ds fy, ekU;rk ugha nh tk;sxhA funs'kkuqlkj bl lac/a k esa ;g Li"V fd;k tkrk gS fd fnukad 26-06- 2014 ds ckn fdlh Hkh ljdkjh fu;qfDr vFkok izksUufr ds fy, fgUnh fo|kihB] nso?kj ds }kjk iznr 'kS{kf.kd izek.k i= dh ekU;rk ugha gS] pkgs mDr izek.k i= fnukad 26-06-2014 ds iwoZ gh D;ksa ugha fuxZr fd;s x;s gksA fo'oklHkktu ¼jkgqy dqekj½ ljdkj ds voj lfpoA
15. It is, thus, evident that in communication dated 26.02.2015, the validity of the certificate issued by Hindi Vidyapith, Deoghar has been recalled w.e.f. 26.06.2014 while successor State of Bihar came with notification
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dated 08.04.2016, whereby earlier departmental order as contained in memo dated 11.01.1991 was cancelled w.e.f. 07.05.2012 w.e.f. the date of the passing of judgment rendered in Reeta Srivastava (supra) dated 07.05.2012, and it was declared that the appointments made on the basis of different certificates awarded by Hindi Vidyapith, Deoghar prior to said date shall remain unaffected.
16. This Court, on the basis of communication dated 26.2.2015 has found that the validity of the certificate issued by the Hindi Vidyapith, Deoghar on the basis of order dated 11.01.1991 will be said to be valid up-to 26.6.2014 for two-fold reasons; firstly, the degree obtained by one or the other candidates has been recognized vide order dated 11.01.1991 basis upon which one or the other candidates obtained degree of „Praveshika‟, „Sahitya Bhushan‟ and „Sahitya Alankar‟ equivalent to Matriculation, Intermediate and Graduation respectively; and secondly, the erstwhile State of Bihar has been bifurcated in two States by Bihar Re- organization Act, 2000 w.e.f. 15.11.2000, the appointed day, the State of Jharkhand has come out with notification as contained in letter no. 6063 dated 03.11.2003, in view of provision of Section 85 of the Bihar Re-organization Act by adopting the decision of the
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erstwhile State of Bihar dated 11.01.1991, therefore, there is no dispute about the fact that once the State of Jharkhand has adopted the decision of the erstwhile State of Bihar as contained in order dated 11.01.1991 by virtue of departmental letter no. 6063 dated 03.11.2003 by the State of Jharkhand, the validity which was granted by virtue of order dated 11.01.1991 of erstwhile State of Bihar will have its affect up-to 26.06.2014, as per the decision of the State of Jharkhand dated 26.02.2015.
17. The question has been raised that when the Government has taken a decision to recall the decision as contained in letter no. 6063 dated 3.11.2003 by which the decision by virtue of order dated 11.01.1991 of the State of Bihar has been adopted, whether the State- authority can be allowed to implement with retrospective effect 26.02.2014 vide communication dated 26.02.2015.
18. This Court has found that such objection of retrospective application of the government decision by way of executive instruction cannot be said to be unfounded rather the position of law is settled and clear that the issue of retrospective so far it relates to effectiveness of rule is concerned, the same can well be implemented with retrospective effect but subject to such
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provision if expressly provided in the statute but the principle is not applicable so far executive instruction is concerned, as has been held by Hon‟ble Apex Court in the case of P. Mahendran and Ors. vs. State of Karnataka and Ors., (1990) 1 SCC 411, wherein at paragraph-5 it has been held which reads as hereunder:
"5. It is well settled rule of construction that every statute or statutory rule is prospective unless it is expressly or by necessary implication made to have retrospective effect. Unless there are words in the statute or in the Rules showing the intention to affect existing rights the rule must be held to be prospective. If a rule is expressed in language which is fairly capable of either interpretation it ought to be construed as prospective only. In the absence of any express provision or necessary intendment the rule cannot be given retrospective effect except in matter of procedure."
In another judgment rendered by Hon‟ble Apex Court in K. S. Paripoornan vs. State of Kerala and Ors., (1994) 5 SCC 593, it has been held which reads as hereunder:
"A substantive law is held to be prospective as a matter of legal policy since it is founded on public policy that no right be so created as to work to the disadvantage for whom it is created as it if be so, "it would be betrayal of what the law stands for. "" (paras 91 to 93) 11. The Hon‟ble Supreme Court in Kusumam Hotels Private Limited vs. Kerala State Electricity Board & Ors., (2008) 13 SCC 213 has held that the State is entitled to change its policy decision, however,
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all administrative orders ordinarily are to be considered prospective in nature. For giving it a retrospective effect, it must be stated so expressly or by necessary implication.
19. This Court, applying the ratio about retrospective applicability of executive instruction as has been settled in the judgment quoted hereinabove, is of the considered view that the decision of not providing validity to the degree issued by the Hindi Vidyapith, Deoghar w.e.f. 26.06.2014 as per decision contained in communication dated 26.02.2015 cannot be allowed to make it effective w.e.f. 26.06.2014 i.e., with retrospective effect rather it will be held to be prospective i.e., after 26.02.2015 as such the certificate issued by Hindi Vidyapith up-to 26.02.2015 is held to be valid.
20. This Court, in view of discussions made hereinabove, and case laws laid down in the case of Pradip J. Mehta (supra) is of the view that judgment passed in the case of Ramashankar Patel (supra) since is on the similar fact of the case, and further since the same has been affirmed up-to Hon‟ble Apex Court, is of the view that the same will have persuasive value, since the factual aspect of the given cases are similar, same and except the date of order issued by the State of Bihar
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or the State of Jharkhand, which are issued on different dates, as referred above.
21. This Court, therefore, is of the considered view that the order/judgment as has been passed by the Full Bench of Patna High Court, is required to be followed on the ground of similarity of facts and more particularly the entire facts rest upon Govt. Order which was issued by the erstwhile State of Bihar of the time when State was unified i.e. vide order dated 11.01.1991. Further, the State of Jharkhand also adopted the said decision dated 11.01.1991 by issuing order on 03.11.2003.
22. In view thereof, this Court held that the degree of „Praveshika‟ „Sahitya Bhushan‟ and „Sahitya Alankar has got equivalence to to Matriculation, Intermediate and Graduation, as decided vide order dated 11.01.1991 by the General Administration Department, Government of Bihar, which was adopted by the State of Jharkhand vide order dated 03.11.2003, and as sucyh, the validity of order dated 11.01.1991 will be effective up-to 26.02.2015.
23. The degrees issued by Hindi Vidyapith, Deoghar, are held to be vlaid up-to 26.02.2015.
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It is clarified that no benefit is to be given on the basis of degrees issued by the institution in question, Hindi Vidyapith, Deoghar, after 26.02.2015.
24. In consequence thereof, the petitioners are directed to approach before the respondents-authorities within a period of six weeks from the date of receipt of copy of this order for consequential benefit of promotion etc. Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of individual writ petitioner preferably within a period of three months from the date of receipt/production of copy of this order.
Needless to say that if one or the other writ petitioners are found eligible, the benefits shall be granted within further period of three months from the date of such decision.
However, in case of any adverse decision, the same shall be communicated to the individual petitioner within the aforesaid period.
25. With the aforesaid observations and directions, the writ petitions stands allowed to the aforesaid extent.
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26. Consequent upon disposal of the writ petitions, the pending Interlocutory Application(s), if any, stand disposed of.
L.P.A. No. 430 of 2014
27. The instant intra-court appeal, under Clause 10 of the Letters Patent, has been preferred by the private- respondents against order/judgment dated 19.09.2014 passed in W.P.(S) No. 6100 of 2003 by the learned Single Judge, whereby and whereunder prayer for quashing letter dated 03.11.2003, by which State of Jharkhand adopted order dated 11.01.1991 of the erstwhile State of Jharkhand, and for direction upon the respondents not to treat the qualification of „Sahityalanakr or Visharad as equivalent to B.A. for the teachers of basic schools, run and managed by respondent-State and further not to consider the case of promotion of such teachers having such degree, was allowed holding order of promotion based on the qualification of Sahitya Alankar illegal and invalid and any such promotion granted, as vide order dated 26.07.2005, was quashed and further hold that qualification of Sahitya Alankar cannot be treated as equivalent to graduation.
28. The facts of the case, in brief, is that the petitioners, respondent nos. 6 to 11 herein, filed writ petition being
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W.P. (S) No. 6100 of 2003 raising the grievance that qualification of Sahityalankar/Visharad should not be treated equivalent to Bachelor of Arts degree i.e. Graduation for the purpose of promotion of teachers on the post of Headmaster of Basic School, Lecturer in Primary Teacher‟s Training College, Block Education Extension Officer, which belongs to Subordinate Education Service. The petitioners being aggrieved with letter no. 6063 dated 03.11.2003 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand approached this Court for quashing the same which has granted equivalence to such degree adopting such circular issued by the erstwhile State of Bihar dated 11.01.1991.
29. Counter affidavit was filed by the respondents-State wherein relying upon the judgment passed in Reeta Srivastava vs. State of Bihar &Ors with analogous cases [(2012) (3) PLJR 353] by Patna High Court, that qualification of Sahityalankar degree issued by Hindi Vidyapith, Deoghar is not equivalent to graduation.
30. In view of such specific stand of the State, learned Single Judge observed that the grievance of the petitioner has thus redressed.
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31. During pendency of writ petition, one Interlocutory Application being I.A. No. 2074 of 2005 was filed by the petitioners challenging the promotion granted to private respondents, who were made party in I.A. No. 2074 of 2005, who got promotion on the strength of degree obtained by Hindi Vidyapith, Deoghar.
32. The learned Single Judge taking into consideration the judgment passed by Patna High Court in Reeta Srivastava‟s Case as also stand of the respondent-State in its counter affidavit dated 03.07.2014, hold that any promotion granted on the basis of such qualification to the private respondents has to go.
33. Aggrieved thereof, the private-respondents has preferred the instant intra-court appeal.
34. Heard learned counsel for the parties, perused the documents available on record as also finding recorded by learned Single Judge and finding arrived by this Court in the preceding paragraphs.
35. Since this Court has already held that the degree of „Praveshika‟ „Sahitya Bhushan‟ and „Sahitya Alankar has got equivalence to Matriculation, Intermediate and Graduation, as decided vide order dated 11.01.1991 by the General Administration Department, Government of Bihar, which was adopted by the State of Jharkhand vide
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order dated 03.11.2003, at least up-to 26.02.2015 and shall come within the framework of order dated 11.01.1991 as adopted by the State of Jharkhand vide letter dated 03.11.2003 up-to 26.02.2015, we are of the view that impugned order passed by learned Single Judge requires interference by this Court.
36. Accordingly, order dated 19.09.2014 passed in W.P.(S) No. 6100 of 2003 passed by learned Single Judge is quashed and set aside.
37. In consequence thereof, the appellants are directed to approach before the respondents-authorities within a period of six weeks from the date of receipt of copy of this order for consequential benefit of promotion etc. Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of individual writ petitioners-appellants preferably within a period of three months from the date of receipt/production of copy of this order.
Needless to say that if one or the other writ petitioners are found eligible, the benefits shall be granted within further period of three months from the date of such decision.
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However, in case of any adverse decision, the same shall be communicated to the individual petitioners- appellants within the aforesaid period.
38. With the aforesaid observations and directions, the instant intra-court appeal stands disposed of. L.P.A. No. 614 of 2016
39. The instant intra-court appeal, under Clause 10 of the Letters Patent, has been preferred by the petitioner- appellant against order/judgment dated 14.07.2016 passed in W.P.(S) No. 1945 of 2015 by the learned Single Judge, whereby and whereunder prayer for issuance of direction upon the respondents-authorities to fix pension at revised scale and make payment for arrears of salary as also the benefit under 2nd ACP on account of completion of 24 years of continuous service and for payment of consequential monetary benefits was denied on the ground that the petitioner had obtained the degree of graduation from Hindi Vidyapith, Deoghar, which is no more recognized by the State of Jharkhand.
40. The facts of the case, in brief, is that the petitioner, who was appointed as Revenue Clerk on 16.04.1984 in Circle Office, Sarwan, District Deoghar superannuated from service on 31.10.2009.
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It is the case of the writ petitioner-appellant that one Government Circular was issued on 26.10.2012 by the Department of Finance, Government of Jharkhand, whereby it was decided that Intermediate qualified Karamchari shall be entitled to basic salary of Rs. 5000- 8000/- of Circle Officer-cum-Kanungo on account of 1st ACP and those who are graduate shall be entitled to get basic salary of Rs. 6500-10,500 of Assistant Settlement Officer on account of 2nd ACP benefit made effective up-to 31.08.2008, to which, the petitioner fulfils but the benefit under 2nd ACP was not extended to him, therefore, he approached before the authorities concerned to extend such benefit but did not evoke any response.
Aggrieved thereof, the petitioner approached this Court invoking writ jurisdiction of this Court conferred under Article 226 of the Constitution of India for redressal of his grievance.
The learned Single Judge taking into consideration the educational certificates, which were brought on record by the petitioner, held that since the petitioner has obtained the degree from Hindi Vidyapeeth, Deoghar, which the petitioner claims to be equivalent to Graduation but the degrees/certificates of Hindi Vidyapeeth, Deoghar are no more recognized by the State
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of Jharkhand, the petitioner cannot get benefit of the decision of the State Government dated 26.10.2012, and thereby dismissed the writ petitioner, against which, the present intra-court appeal has been preferred.
41. Heard learned counsel for the parties, perused the documents available on record as also finding recorded by learned Single Judge and finding arrived by this Court in the preceding paragraphs.
42. Since this Court has already held that the degree of „Praveshika‟ „Sahitya Bhushan‟ and „Sahitya Alankar has got equivalence to Matriculation, Intermediate and Graduation, as decided vide order dated 11.01.1991 by the General Administration Department, Government of Bihar, which was adopted by the State of Jharkhand vide order dated 03.11.2003, at least up-to 26.02.2015 and shall come within the framework of order dated 11.01.1991 as adopted by the State of Jharkhand vide letter dated 03.11.2003 up-to 26.02.2015, we are of the view that impugned order passed by learned Single Judge requires interference by this Court.
43. Accordingly, order dated 14.07.2016 passed in W.P.(S) No. 1945 of 2015 passed by learned Single Judge is quashed and set aside.
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44. In consequence thereof, the appellant is directed to approach before the respondents-authorities within a period of six weeks from the date of receipt of copy of this order for consequential benefit of promotion etc. Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of individual writ petitioners-appellants preferably within a period of three months from the date of receipt/production of copy of this order.
Needless to say that if one or the other writ petitioners are found eligible, the benefits shall be granted within further period of three months from the date of such decision.
However, in case of any adverse decision, the same shall be communicated to the individual petitioners- appellants within the aforesaid period.
45. With the aforesaid observations and directions, the instant intra-court appeal stands disposed of.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) Alankar/ A.F.R.