Full Judgment
In the High Court of Jharkhand at Ranchi W.P.(S) No.666 of 2016 1.Amar Chandra Gorain son of Late Hrisikesh Gorain of village Maldiha, P.O.Debjor P.S.Nala Dist-Jamtara 2.Sk.Asraf Ali, son of Late Sk. Nayeb Ali resident of village Chichurbil, P.O. Saraskunda, P.S. Nala, Dist-Jamtara
3. Tapan Kumar Dey, son of Fanibhushan Dey, resident of village Deoli, P.O.Kuldangal, P.S.Nala Dist-Jamtara
4. Anirudh Chakraborty son of Late Akinchan Chakraborty, resident of village Sundarbari P.O.- B.Ghalijore, P.S.Nala, Dist-Jamtara
5. Sunil Kumar Mandal son of Late Lakhi Narayan Mandal, resident of village Rasunpur, P.O.Khajuri, P.S.Kundahit, Dist- Jamtara
6. Ajit Kumar Sadhu, son of Late Hrisikesh Sadhu, resident of village Kalipahari, P.O.KJalipahari, P.S.Nala, Dist-Jamtara
7. Chandi Charan Mondal son of Late Haradhan Mandal resident of village Sugnibasa, P.O. Amba P.S.Bagdhaari Dist-Jamtara
8. Santi Ram Manna son of Late Mahadeob Manna, resident of village Dalachak, P.O.Amba, P.S.Bagdahari, Dist-Jamtara 9.Ambika Prasad Layek son of Jitendra Nath Layek, resident of village Amba, P.O.Amba, P.S.Kundahit, Dist-Jamtara 10.Jay Gopal Dey, son of Late Narendra Nath Dey, resident of village Deoli, P.O.Kuldangal, P.S.Nala Dist-Jamtara 11.Sita Ram Mandal son of Late Kartik Chandra Mandal resident of village Panjunia P.O.B. Ghalijore, P.S.Nala Dist-Jamtara
12. Suresh Chandra Mandal, son of Late Hari Narayan Mandal, resident of village Haripur, P.O.Sitamuri, P.S.Nala, Dist-Jamtara 13.Ashok Kumar Dutta, son of Late Biswa Nath Dutta, resident of village Kundahit, P.O & P.S. Kundahit, Dist- Jamtara 14.Anil Kumar Mondal, son of Late Bhuban Mohan Mondal, resident of village Akhna, P.O.Satki, P.S.Bagdhari, Dist-Jamtara 15.Ayen Chandra Patar son of Late Hardhan Patar, resident of village Majgaria, P.O.Khajuri, P.S.Kundahit Dist-Jamtara 16.Balram Ghosh son of Late Adalat Ghosh, resident of village Siyarsul, P.O.Amba, P.S. Kundahit,Dist-Jamtara
17. Kirti Mohan Dutta, son of Late Ashutosh Dutta, resident of village Pindergoria, P.O.Monihari, P.S.Nala, Dist-Jamtara 18.Bharat Chandra Mondal son of Late Dwarika Nath Mondal resident of village Pindergoria, P.O.Monihari, P.S.Nala Dist-Jamtara 19.Swapan Kumar Bhattacharyia, son of Late Mritunjay Bhattacharya, resident of village Debjor, P.O.Debjor, P.S.and Dist-Jamtara
20. Dhirendra Nath Layet, son of Late Nitya Nanda Layek, resident of village Asanjori, P.O.Debjor, P.S.Nala Dist-Jamtara
21. Balaram Mandal son of Late Fulchand Mandal, resident of village Eaklabyapur, P.O.Afjalpur, P.S.Nala, Dist-Jamtara
22. Jay Gopal Ghosh, son of Late Radhanath Ghosh, resident of village Mohidnagar, P.O. Afjalpur, P.S.Nala, Dist-Jamtara 23.Mukund Baran Kabiraj, son of Late Amulyaratan Kabiraj, resident of village Paharpur, P.O.Afzalpur, P.S.Nala, Dist-Jamtara 24.Nimai Chandra Mandal, son of Late Kalipada Mandal, resident of village-Searsuli, P.O.Amba, P.S.Kundahit, Dist-Jamtara 25.Shishir Kr.Tewary, son of Late Dakhineshwar Tewary, resident of village Paharpur, P.O.Afzalpur, P.S.Nala Dist-Jamtara 26.Narsingh Mandal, son of Late Ganesh Mandal, resident of village Khairbani, P.O.Jamjuri, P.S.Fatehpur, Dist-Jamtara 27.Renu Kumari, daughter of Late Ram Prasad Sah, resident of village Matriashram, P.O,P.S.& Dist-Jamtara
28. Yogendra Nath Pandey, son of Debraj Pandey, resident of village Station Road, Jamtara, P.O.Dhandra, P.S & Dist.Jamtara 29.Naba Kumar Pandit, son of Late Lakshmikant Pandit, resident of village Udalbani, P.S.Dhandra, P.S. and Dist-Jamtara 30.Rebati Ranjan son of Late Kashinath, resident of village Udalbani P.O.Dhandra, P.S.& Dist-Jamtara
31. Sufal Pandit, son of Bhakti Pada Pandit, resident of village Udalbani P.O.Dhandra, P.S.& Dist-Jamtara 32.Indrajeet Kumar son of Late Ayodhya Prasad, resident of At and P.S.Dhandra, P.S. & Dist-Jamtara. 33.Mantu Gorain, son of Late Madhu Gorain, resident of At Sukjora, P.O.Gundlipahari, Dist-Jamtara
34. Dibakar Mandal, son of Late Kalipada Mandal, resident of At Court Road, Jamtara, Dist- Jamtara
35. Uma Pada Manto, son of Late Chamtu Mahto, resident of At Kalajhoria, P.O.Geria, P.S.Bindapathar Dist-Jamtara
36. Khlequezama Soin of Late Daud Mian, resident of village Bewa, P.O.Bewa, P.S and Dist-Jamtara
37. Hamid Mian son of Late Mohiuddin Mian, resident of village Jiyajori, P.O.Shardal, P.S.MIhijam, Dist-Jamtara 38.Anant Kumar, son of Late Ram Kishun Sharma, resident of Ast. P.O.Mihijam Kurmi Para Dist-Jamtara
39. Daud Ansari, son of Md. Suleman, resident of village Jiyajori, P.O.Shardal, P.S. Mihijam, Dist-Jamtara
40. Dharmendra Sharma, son of Ramjanam Sharma, resident of village Kharag Pura, P.O.Benibiga, P.S.Bikram Dist-Patna
41. Lal Kumar Jha, son of Kedar Jha, resident of Court road, Jamtara, P.O. & Dist- Jamtara...........................................Petitioners VERSUS1The State of Jharkhand through the Secretary/ Principal Secretary, Human Resource Development Department having its office at Project Building, P.O. & P.S.Dhurwa, Dist-Ranchi.
2. The Director, Primary Education, Human Resources Development Department having its office at Project Building, P.O. & P.S. Dhurwa, Dist-Ranchi 3. The Deputy Commissioner-cum-chairman, District Education Establishment Committee, Jamtara having its Office at P.O, P.S. & Dist-Jamtara 4. The District Superintendent of Education, Jamtara having its office at P.O, P.S. & Dist-Jamtara…………………………Respondents CORAM: HON’BLE MR. JUSTICE ANANDA SEN For the Petitioners : Mr.Rajiv Ranjan, Sr. Advocate For the Respondents: Mr.Jayant Franklin Toppo, Advocate 4/ 20.6.16. The grievance of the petitioners is that they were not given Grade-1 pay scale, though they are entitled to, from the date of his joining as Assistant Teacher in the district of Jamtara. Learned counsel appearing for the petitioners submit that they were appointed in the year 1982 as untrained teacher in primary school. As per the policy decision of the State, untrained teachers were to be sent for training and on completion of their respective training, they were entitled to Grade-1 pay scale. Counsel for the petitioners further submits that because of the latches on part of the State, the petitioners were not sent for training and ultimately after the judgment of the Hon’ble Supreme Court in Special Leave to Appeal (Civil) No.23187 of 1996, the petitioners along with others similarly situated teachers were sent for training. Learned counsel submits that even after completion of the training, their results were not published and they had to approach this Hon’ble Court by filing writ application. Only thereafter, result of the petitioners along with others were published by the State in the year 2002 except for petitioner no.7, whose result was declared in 1995. It is submitted that this Hon’ble Court, in similar circumstances, in other writ applications have held that the teachers, who were not at fault and were not sent for training by the State initially but were only sent for training due to the order of the Hon’ble Supreme Court, are entitled to for Grade-1 pay scale with effect from the date of joining. The said order of the Hon’ble Single Bench has been upheld by the Division Bench of this Court, in L.P.A No.214 of 2008 and other analogous cases. It is further submitted that the case of the petitioners is exactly similar to the persons whose cases have been decided in L.P.A No.214 of 2008 and other analogous cases. It is informed that in W.P.(S) No.5357 of 2013 similarly situated persons moved before this Court and a direction was given to dispose of the representation of the petitioners considering the fact and the decision of the Court earlier passed. At this juncture, learned counsel appearing for the petitioners submits that suffice it would be if a similar direction is given to the Respondents to consider the case of the petitioner. In view of the submission made above, I direct the petitioners to file detailed representation annexing all the documents which the petitioners are relying upon, before the Director, Primary Education, Human Resources Development Department, Ranchi (respondent no.2) within a period of three weeks from today. The respondent no.2, in turn, will consider the representation of the petitioners taking into consideration the order passed by this Court in L.P.A. No.214 of 2008 and other analogous cases. The respondent no.2 will take a decision on the claim of the petitioners within a period of six weeks from the date of fling of the representation. If in case the petitioners are found entitled for same and similar relief as granted to the teachers whose cases have been decided in L.P.A. No.214 of 2008, similar consequential benefits should be extended to the petitioners. If the claim of the petitioners is found disputed and rejected on any ground, the grounds shall be communicated to the petitioners by passing a speaking order. With the aforesaid direction/observation, this application stands disposed of. ( Ananda Sen, J.) ND/