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2023 DIGILAW 784 (JHR)

Ram Janam Kewat v. State of Jharkhand

2023-06-19

RAJESH SHANKAR

body2023
JUDGMENT : The petitioners have filed this writ petition primarily for directing the respondents to take decision on their encadrement in the State Education Service and thereafter, to grant as well as pay all consequential benefits viz. pay revision, promotion, assured career progression, increments and other benefits to which they are entitled. Further prayer has been made for issuance of direction upon the respondents to make payment of post-retrial benefits and to pay arrears on their entitlement in the State Education Service. 2. The details of the petitioners have been mentioned at paragraph No.13 of the writ petition in tabular form which are quoted as under:- Petitioner Nos. & Names Subjects Date of Joining Place of Joining Date of Retirement Place of Retirement Ram Janam Kewat, petitioner No.1 Ancient History 01.02.1990 Pakur Raj +2 School Pakur 31.07.2016 Pakur Raj +2 School Pakur Arbind Kumar Singh, petitioner No.2 Ancient History 27.01.1990 S.S High School, Doranda Ranchi 30.11.2017 A.S.T.V.S Zila Vidyalaya, Ranchi Chandra Shekhar Sinha, petitioner No.3 Physics 28.02.1989 M.J.K Govt. Girls +2, School Motihari, East Champaran, Bihar 30.09.2017 S.N. Marwari, Girls +2 School, Ranchi Bhogendra Jha, petitioner No.4 Maithili 01.02.1990 Pakur Raj +2 School, Pakur 30.11.2021 Pakur Raj +2 School, Pakur Shatrughan Prasad Yadav petitioner No.5 Maithili 01.02.1990 S.N. Marwari, Girls +2 School, Ranchi 30.04.2014 S.N. Marwari, Girls +2 School, Ranchi Bijendra Prasad Yadav petitioner No.6 Maithili 01.02.1990 B.S.S Collegiate, School, Begusarai, Bihar 31.12.2017 B.S.S Collegiate, School, Begusarai, Bihar 3. At the very outset, learned counsel for the petitioners submits that a similar writ petition being W.P.(S) No.1900 of 2021(Akhil Bhusan Prasad Vs. The State of Jharkhand & Others) has been disposed of by a co-ordinate Bench of this Court vide order dated 11.05.2023. It is further submitted that the issue as to whether +2 Lecturers are entitled for their encadrement in the State Education Service was already decided by the Hon’ble Patna High Court in C.W.J.C No.14009 of 2006 and other analogous cases vide judgment dated 30.04.2013, a copy of which has been annexed as Annexure-6 to the present writ petition. Subsequently, the Hon’ble Supreme Court has also dismissed the appeals preferred by the State of Bihar against the judgment dated 30.04.2013 passed by the Hon’ble Patna High Court in C.W.J.C No.14009 of 2006 and other analogous cases vide judgment dated 05.05.2022 passed in Civil Appeal No.7364 of 2014 and other analogous appeals (State of Bihar & Ors. vrs. Subsequently, the Hon’ble Supreme Court has also dismissed the appeals preferred by the State of Bihar against the judgment dated 30.04.2013 passed by the Hon’ble Patna High Court in C.W.J.C No.14009 of 2006 and other analogous cases vide judgment dated 05.05.2022 passed in Civil Appeal No.7364 of 2014 and other analogous appeals (State of Bihar & Ors. vrs. Shyama Nandan Mishra). 4. Mr. Shubham Mishra, A.C to S.C. (Mines)-II, appearing on behalf of the respondent-State, submits that if the petitioners prefer fresh representation before the Competent Authority i.e., the respondent No.5, an appropriate decision in accordance with law will be taken. 5. Considering the said submission of learned counsel for the respondent-State, the petitioners are given liberty to file common representation before the respondent No.5 along with relevant documents as well as the copies of the aforesaid orders passed by the Hon’ble Patna High Court as well as the Hon’ble Supreme Court. On receipt of the said representation, the respondent No.5, after providing an opportunity of hearing to the petitioners/representatives, shall take an appropriate informed decision in accordance with law within a period of eight weeks. 6. It goes without saying that the respondent No.5 while considering the petitioners’ representation shall take note of the judgment dated 30.04.2013 passed by the Hon’ble Patna High Court in C.W.J.C No.14009 of 2006 and other analogous cases as well as the judgment dated 05.05.2022 passed by the Hon’ble Supreme Court in Civil Appeal No.7364 of 2014 and other analogous cases (State of Bihar & Ors. vrs. Shyama Nandan Mishra). 7. It is further observed that if the petitioners are found entitled for the benefits claimed by them, the same shall be extended to them within a period eight weeks thereafter. 8. Accordingly, this writ petition is disposed of with the aforesaid liberty and directions.