IMPORTANT POINT
The court established that the annulment of pensionary benefits without adherence to constitutional requirements and without justifiable reasons is arbitrary and unconstitutional, violating the accrued rights of employees.

JUDGMENT :

S.N. PATHAK, J.

The issues involved in these writ petitions are common and hence the same have been heard together and being disposed of analogously. Since in all these writ petitions, almost the same facts are there and hence for the purpose of convenience, the facts of W.P.(S) No. 5861 of 2018, titled as ‘Jharkhand Pradesh Madarsa-Sanskrit Sikshak Sawanmay Samiti & Ors. Vs. The State of Jharkhand & Ors.’ are being taken into consideration.

2. Heard the learned counsel appearing for the petitioners and learned Addl. Advocate General as well as other learned counsel representing the respondent-State, as also the learned counsel appearing for the respondent-Accountant General.

Prayers

3. The petitioners have thrown challenge to Resolution No. 1773 dated 21.06.2018 issued under the pen and signature of the Additional Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi, whereby the earlier Resolution No. 2020 dated 24.10.2014 by which the employees of 186 recognised Non-Government Madarsas and 12 recognized Non-Government Aided Sanskrit Schools, appointed on or before 30.11.2004 were made entitled to receive pension / gratuity, has been cancelled / annulled. A further prayer has been made to declare that the Resolution No. 2020 dated 24.01.2014 issued by the order of the Governor of Jharkhand is valid, constitutional, in consonance with the provisions enshrined in Jharkhand Pension Rules and even otherwise the same is in accordance with law and hence, the respondents are duty bound to abide by Resolution dated 24.10.2014. The petitioners have further prayed to hold and declare that employees of recognised non-Government Aided Madarsas and Sanskrit Schools are entitled for pension / gratuity on their retirement, if they were appointed on or before 30.11.2004 and the respondents are duty bound to pay pensionery benefits to such retired employees. The Facts.

4. The facts pleaded in W.P.(S) No. 5861 of 2018 are that the petitioner No.1 is unregistered Samiti of employees of Madarsa and Sanskrit schools; petitioner no.2 is an employee of Madarsa Hussainia Tajweedul Quran, Dighi in the district of Godda; petitioner Nos. 3 and 4 are the employees of Ramyasho Ray Sanskrit High School, Madhupur, Deoghar; and petitioner no. 5 is a registered Association under the Societies Registration Act, 1860. Similarly petitioner no. 6 is himself an employee of Madarsa Sajjadia Kajru Kalan, Pandu, Palamau. The facts further revealed that there are total 186 Madarsas, which were fully funded by the Government, functioning in the State of Jharkhand. Similarly there are 12 Sanskrit Schools located in the entire State of Jharkhand, which are fully funded by the Government of Jharkhand, though these are non-Government Organizations, but these are recognised (with finance) by the State of Jharkhand. Salaries and other benefits like pay revision etc. in respect of employees of these schools are done and decided by the Government of Jharkhand at par with the employees of the Government schools located in the State of Jharkhand. Right from their appointment in undivided State of Bihar, the petitioners were getting the benefits at par with the employees of Government schools. Time to time, the pay of the employees of these Madarsas and Sanskrit schools are revised on the basis of recommendation of Pay Revision Commission’s report. In support of their pleadings, they have annexed Resolution No. 2956 dated 25.11.2011, whereby the pay of the employees of these 186 Madarsas and 12 Sanskrit schools were revised with effect from 01.01.2006 under 6th PRC. The petitioners have further pleaded that employees of non-Government Minority Schools are getting the pensionery benefits vide Resolution No. 284 dated 03.02.2012 issued by the Human Resource Development Department (now known as School Education and Literacy Department), Govt. of Jharkhand, Ranchi. Even the employees of minority colleges located in the entire State of Jharkhand ar