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2023 Supreme(Jhk) 307
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Ram Janam Kewat – Appellant
Versus
The State of Jharkhand - Respondent
W.P(S). No. 596 of 2023
Decided on : 19-06-2023
Advocate Appeared:
For the Appellant :Mr. Shrestha Gautam, Advocate
For the Respondent:Mr. Shubham Mishra, Mr. Ranjit Kumar, Mrs. Richa Sanchita, Advocate
The main legal point established in the judgment is the entitlement of the petitioners to encadrement in the State Education Service and the consequential benefits, as well as the payment of post-retrial benefits and arrears on their entitlement.
Headnote:
Encadrement - State Education Service - The court directed the respondents to consider the petitioners' encadrement in the State Education Service and to grant all consequential benefits. The court also instructed the respondents to make payment of post-retrial benefits and arrears on the petitioners' entitlement in the State Education Service.
Fact of the Case:
The petitioners filed a writ petition to direct the respondents to decide on their encadrement in the State Education Service and to grant all consequential benefits, including pay revision, promotion, assured career progression, increments, and other benefits. They also sought payment of post-retrial benefits and arrears on their entitlement in the State Education Service.
Finding of the Court:
The court allowed the petitioners to file a common representation before the respondent No.5, along with relevant documents and copies of previous court orders. The respondent No.5 was directed to make an appropriate informed decision within eight weeks, considering the judgments of the Hon’ble Patna High Court and the Hon’ble Supreme Court. If the petitioners were found entitled to the benefits claimed, the same were to be extended to them within eight weeks thereafter.
Issues: The main issue was the petitioners' entitlement to encadrement in the State Education Service and the consequential benefits, as well as the payment of post-retrial benefits and arrears on their entitlement.
Ratio Decidendi: The court directed the respondents to consider the petitioners' encadrement in the State Education Service and to grant all consequential benefits. The court also instructed the respondents to make payment of post-retrial benefits and arrears on the petitioners' entitlement in the State Education Service.
Final Decision: The writ petition was disposed of with the liberty for the petitioners to file a common representation before the respondent No.5, and the respondent No.5 was directed to make an appropriate informed decision within eight weeks. If the petitioners were found entitled to the benefits claimed, the same were to be extended to them within eight weeks thereafter.
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. 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
