Judgment:IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2113 of 2014 1. Satyakinkar Ghosh , son of late Bhawani Shankar Ghosh, resident of village and PO Vamdol, PS Bahragora, Dist. East Singhbhum 2. Shashank Shekhar Bhui, son of late Haricharan Bhui, resident of village PO and PS Baharagora, Dist. East Singhbhum 3. Janki Nath Singh, son of late Surendra Nath Singh, resident of village- Raspal, PO Balibandh, PS Chakulia, Dist. East Singhbhum 4. Yamini Kant Bera, Son of Late Nagendra Nath Bera, resident of village Chalunia, PO Kendadangri, Ps Chakulia, Dist. East Singhbhum 5. Vinapani Mahto, W/o Late Yugal Chandra Mahto, resident of village and PO Matiyabanghi, PS Chakulia, Dist. East Singhbhum 6. Bhudhar Chandra Mahto, son of late Yugal Chandra Mahto, village Borasholi, PO Baliagudi, PS Chakulia, Dist East Singhbhum 7. Motilal Saw, son of late Guhi Ram Saw, resident of village and PO Darkhuli, PS Badshol, Dist. East Singhbhum 8. Bighneshwar Lenka, son of Late Govind Charan Lenka, village and PO Chitreshwar, PS Badshol, Dist. East Singhbhum 9. Geeta Rani Kuila, W/o late Vimal Kumar Kuila, resident of Patpupr, PO Darkhulli, PS Badshol, Dist East Singhbhum 10. Mandakini Sao, W/o Late Govardhan Sahu, resident of village and PO Darkhuli, PS Badshol, Dist East Singhbhum 11. Radha Raman Mahakur, son of late Yatindra Nath Mahakur, resident of village Berera, PO Manushmuriya, PS Badshol, Dist. East Singhbhum 12. Satya Ranjan Mahapatra, son of late Niwaran Charan Mahapatra, village and PO Kendadagri, PS Chakulia, Dist East Singhbhum 13. Prafull Kumar Mahto, son of late Girish Chandra Mahto, resident of village and PO Choudhiya, PO Ladhasholi, PS Chakulia, Dist. East Singhbhum 14. Arjun Kumar Mahto, son of late Manohar Mahto, resident of village and PO Gourpara, PS Chakulia, Dist. East Singhbhum 15. G. Chandra Kumari, W/o Arjun Kumar Mahto, resident of village Gourpara, PO and PS PS Chakulia, Dist. East Singhbhum 16. Gour Varan Kuila, son of late J.N. Kuila, resident of village Kantliya, PO Matihana, PS Bahragora, Dist. East Singhbhum 17. Prabodh Kumar Saw, son of late Abhilash Chandra Saw, resident of village and P.O Bamdol, PS Baharagora, Dist. East Singhbhum 18. Anil Kumar Singh, Son of late Balmiki Singh, resident of Harharghutu near Kali Mandir, PO and PS Baghbera, Dist. East Singhbhum 19. Ramni Mohan Gope, son of late Keshav Gope, resident of village PO and PS Kamalpur, Dist. East Singhbhum 20. Pashupati Sarangi, Son of late Govind Sarangi, resident of village PO and PS Kamalpur, Dist. East Singhbhum 21. Ambikawala Sarangi, Wife of late Vanmali Sarangi, resident of village Sarangidih, PO and PS Kamalpur, Dist. East Singhbhum 22. Sonawala Devi, W/o late Amulya Ratan Sarangi, resident of village Sarangidih, PO and PS Kamalpur, Dist. East Singhbhum …Petitioners Versus 1. The State of Jharkhand 2. The Director, Directorate of Primary and Middle Education, Department of Human Resources and Development, Government of Jharkhand, Project Bhawan, HEC Township, PO and PS Dhurwa, Dist. Ranchi 3. The Regional Deputy Director of Education, South Chotanagpur, Nepal House, PO and PS Doranda, Dist. Ranchi 4. The District Superintendent of Education, Jamshedpur, PO and PS Sakchi Dist. East Singhbhum 5. The District General Provident Fund Officer, Jamshedpur, PO and PS Sakchi Dist. East Singhbhum ……Respondents -2- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD --------- For the Petitioner : M/s Rahul Kumar & Prabhat Singh , Adv. For the Respondents : Mr. Jai Prakash, AAG rd 04/Dated:23 February, 2015 The petitioners have filed this writ petition to give equal benefits to them as has been paid to petitioners of W.P. (S). No. 3329/2008, W.P. (S). No. 1148/2009 and the appellants of L.P.A. No. 651/2002 and also release the statutory interest accruable on the arrears of salary of the petitioners for the period from 01.01.1971 to 31.03.1973 which was supposed to be credited in the G.P.F. Accounts of the petitioners at the relevant time, but was deliberately not done so by the respondents. Learned counsel for the petitioners has submitted that they have been appointed as Assistant Teachers/Headmaster on different dates, the details of which have been given at para-4 of the writ petition. The grievance of the petitioners is that in view of the government resolution no. 6791 dated 09.11.1973, certain non-government primary/elementary schools under the management of municipality/private management came to be treated as government schools with effect from 01.01.1971. Therefore, the service conditions and benefits applicable to government servants are also applicable to them. The decision was taken with retrospective effect for the absorption of such schools with effect from 01.01.1971 and on account of the difference of pay scale, it was also decided that the arrears of pay/salary thereof for the period 01.01.1971 to 31.03.1973 will be deposited under the head of General Provident Account of the respective teachers and from 01.04.1973 onwards such teachers will be paid the salary of the government teachers. In spite of the same the pay/salary dated for the period 01.01.1971 to 31.03.1973 has not been paid to the petitioners. The deduction made during the relevant period has been given in para-13 of the writ petition. The further submission has been made that the similar issues has been decided in W.P. (S). No. 3329/2008, W.P. (S). No. 1148/2009 and the appellants of L.P.A. No. 651/2002 and as such prayer made that case of the petitioners may also be considered in the light of the aforesaid cases. Learned counsel for the respondents has submitted that order shall be passed in accordance with law and if this case will be similar to those cases as stated above, the decision in accordance with law will be taken within a specified period. In that view of the matter writ petition is disposed of giving liberty to the -3- petitioner to approach before respondent no. 4 i.e. the District Superintendent of Education, Jamshedpur, giving therein the entire documents along with judgments in which the petitioners had placed reliance, within a period of three weeks from the date of receipt of copy of this order, and on receipt of such representation the respondent no. 4 shall take decision in accordance with law, and, if, he comes to the conclusion that the case of the petitioners are similar to the cases upon which they have placed reliance, the retiral dues shall be released in favour of the petitioners within the period of six weeks from the date of such representation. If, however, the concerned respondents shall come to conclusion that claim of the petitioners is not genuine, the same shall be communicated by passing reasoned order within the aforesaid period. (Sujit Narayan Prasad, J.) Tarun