Virendra Prasad Singh, S/o. Sidheshwar Singh v. State of Jharkhand through the Principal Secretary, School Education and Literacy Department
2025-04-29
DEEPAK ROSHAN
body2025
DigiLaw.ai
JUDGMENT : The instant writ application has been preferred by the petitioner praying for following reliefs:- (i) For issuance of an appropriate writ / writs, order / orders, direction / directions, commanding upon the concerned respondents to grant notional benefits of Grade-I to the petitioners from the date of appointment as per the notification dated 18.07.2019 bearing Memo No. 8/Vi. 1-281/2007 1145, issued under the signature of Principal Secretary, School Education and Literacy Department, Government of Jharkhand, whereby and whereunder notional benefits of Grade-I scale was granted to the teachers, who were appointed between 1982 to2011. (ii) For direction upon the respondent authorities to pay the monetary benefits, which the petitioners are entitled for after revision of the pension and other benefits, which the petitioners are entitled for after implementation of the notification dated 18.07.2019 bearing Memo No. 8/Vi. 1-281/2007 1145. 2. At the outset, learned counsel for the petitioners submits that the 2 nd respondent has already taken a decision pursuant to the direction of this Court with regard to grant notional benefit of Grade-I to the employees from the date of appointment as per notification dated 18.07.2019. As such, the 4 th respondent i.e. District Superintendent of Education, Deoghar may be directed to take a decision in the matter as the issue has already been decided in W.P.(S). No. 2589 of 2020 and other analogous cases. He further submits that even the 2 nd respondent has already instructed the Officers to do the needful in accordance with the order passed by this Court, wherein Clause-7(kha)(vi) of resolution No. 1145 dated 18.07.2019 was quashed and set aside. 3. Learned counsel for the respondents submits that since no counter-affidavit has been filed, as such, the petitioner may be directed to approach the concerned respondent afresh, who shall decide the issue in accordance with law. 4. Having regard to the aforesaid facts and circumstances of the case, the petitioners are hereby directed to file individual representations before the 4 th respondent along with all necessary documents on which they are relying upon within a period of four weeks. The moment such representation(s) is/are filed before the respondent No. 4, he shall take a decision in the matter in accordance with the applicable rules and regulations; especially the judgment passed by this Court in the above referred cases and the instruction issued in this behalf. 5.
The moment such representation(s) is/are filed before the respondent No. 4, he shall take a decision in the matter in accordance with the applicable rules and regulations; especially the judgment passed by this Court in the above referred cases and the instruction issued in this behalf. 5. It goes without saying that as per the petitioners, similarly situated employees have already been granted similar benefits. 6. The entire exercise shall be completed within a period of 12 weeks and if the petitioners are found entitled, necessary order for monetary benefits shall be issued within a further period of 4 weeks. 7. Accordingly, the instant writ application stands disposed of.