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2018 DIGILAW 1784 (JHR)

Ajay Prasad v. State Of Jharkhand

2018-08-08

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - The petitioners are aggrieved of order dated 02.12.2016 by which they have been terminated from service on the ground that they were appointed under non Para-Teacher category. 2. It is admitted at Bar that Phanee Mahto and others who were terminated from service by the same impugned order came to this Court in W.P.(S) No. 40 of 2017 and this Court by an order dated 25.07.2018 has quashed the order of their termination from service. 3. A similar issue came up for consideration before this Court in W.P.(S) No. 2709 of 2017 and batch cases and this Court by an order dated 01.08.2018 has held termination of Assistant Teachers on such a ground illegal. Those writ petitioners were permitted to tender their joining before the respective District Superintendent of Education within two weeks. They have also been held entitled for benefits of continuity in service and 25% back-wages for the period between 12.05.2018 till they are actually reinstated in service. 4. In view of orders passed in W.P.(S) No. 5158 of 2017 and batch cases and W.P.(S) No. 2709 of 2017 and batch cases, this writ petition stands allowed. The petitioners are granted similar benefits which have been granted to the petitioners in the aforesaid batch of writ petitions. The petitioners shall be at liberty to tender their joining before the District Superintendent of Education within two weeks. 5. Now, a question arises whether the order passed by the Hon''ble Division Bench and in the batch of writ petitions shall remain confined to the petitioners only or the benefit shall be extended to other eligible candidates also. In State of U.P. vs. Arvind Kumar Srivastava , (2015) 1 SCC 347 , the Supreme Court has observed that, "the normal rule is that when a particular set of employees is given relief by Court, all other identically situated persons need to be treated alike by extending that benefit". In the matters of appointment, the necessity to extend similar benefits to other eligible candidates is greater. It curtails litigation, saves valuable time and money of the parties and reduces load from Courts which would mount if similarly situated persons are treated unequally. 6. In the matters of appointment, the necessity to extend similar benefits to other eligible candidates is greater. It curtails litigation, saves valuable time and money of the parties and reduces load from Courts which would mount if similarly situated persons are treated unequally. 6. In view of the aforesaid position in law, it is expected that the Secretary, Primary Education, Government of Jharkhand would issue necessary directions for reinstatement of all such Assistant Teachers who were terminated from service primarily on the ground that while working as Para-Teachers they were appointed under non Para-Teacher category. It is expected that a decision in this regard shall be taken within two weeks and notice to all such persons who were terminated from service shall be given to them through a public notice published in two daily newspapers, one in Hindi and another in English. 7. Let a copy of the order be given to Mr. Dhanajay Kumar Dubey, the learned Sr. S.C. I for communication to the Secretary, Primary Education.