IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P (S) No. 3721 of 2019

1. Sunil Kumar

2. Shashikant Mishra

3. Sayendra Kumar Sharma

4. Pappu Kumar Singh

5. Pradip Kumar Rai

6. Rajesh Kumar

7. Rajesh Kumar Yadav

8. Sunil Kumar Bhaiya

9. Nitya Prasad Yadav

10. Sudhir Kumar Yadav

11. Shashi Bhushan Jha

12. Md. Maqusud Alam

13. Braj Bhushan Jha

14. Ghanshyam Prasad Yadav

15. Shankar Prasad Yadav

16. Jawahar Lal Yadav

17. Rita Kumari

18. Amrit Prasad Singh

19. Usha Kumari

20. Premanand Mandal

21. Shreekant Kumar Pandey

---

---

Petitioners

Versus

1. The State of Jharkhand

2. The Chief Secretary, Govt. of Jharkhand

3. Principal Secretary / Secretary, Department of Personnel, Rajbhasha &

Administrative Reform, Govt. of Jharkhand

4. The Principal Secretary, Human Resources Development Department, Govt.

of Jharkhand

5. The Director, Primary Education, Human Resources Development

Department, Govt. of Jharkhand

6. The Director, Jharkhand Education Project Council, Ranchi

7. The Deputy Commissioner, Deoghar

8. The Deputy Commissioner, Dumka

9. The Deputy Commissioner, Jamtara

10. The Deputy Commissioner, Giridih

11. The Deputy Superintendent Education, Deoghar

12. The Deputy Superintendent Education, Dumka

13. The Deputy Superintendent Education, Jamtara

14. The Deputy Superintendent Education, Giridih

15. Regional Deputy Director Education, North Chotanagpur Division,

Hazaribagh

16. Regional Deputy Director Education, Santhal Pargana Division, Dumka

17. The Union of India through the Secretary (H.R.D), Human Resources

Development Department, Govt. of India, New Delhi

---

---

Respondents

---

CORAM: Hon’ble The Acting Chief Justice

Hon’ble Mr. Justice Deepak Roshan

---

2

For the Petitioner:

Mr. Rajesh Bhushan, Advocate

For the Resp.-State:

Mr. Pradeep Kumar, A.C to A.A.G-IV

For the Resp.-JEPC:

Mr. Krishna Murari, Advocate

For the Resp.-UoI:

Mr. Sunil Kumar, Sr. Panel Counsel

---

05 / 24.01.2023

Writ petition was preferred with the following prayer.

1. That by this writ application, the petitioners pray for

issuance of an appropriate Writ /order / direction /

commanding upon the respondents for Regularization /

adjustment of their services on the vacant post of Assistant

Teacher who are teaching the students as para teacher

appointed/engaged by the respective District Authorities

i.e. Deputy Commissioner of Deoghar, Dumka, Jamtara,

Giridih and these para teachers are duly appointed/engaged

for teaching in the schools of Jharkhand from Block to

District level schools and they have duly passed the

Teachers Eligibility Test Examination Conducted by

Jharkhand Academic Council and they are working since

about

last

5

to

15

years.

Their

services

be

regularised/adjusted as per their seniority by the State of

Jharkhand/Deputy Commissioner concerned considering

1,50,000 (One Lakh Fifty Thousand) vacancies of Teachers

in different schools of Jharkhand from Primary level to

Middle level in all 24 districts.

Further direct the respondents to appoint the petitioners

against the sanctioned post and on the vacant posts of

Assistant Teachers on the basis of valid appointment from

the post of Para Teacher by following the law constitution

and also their service on the post of Asst. Teacher because

they have already completed 240 days continuation of

service. The petitioner's appointment was made by regular

basis on recommendation, Confirmation approval of

Deputy

Commissioner/Chairman

District

Education

Committee, Deoghar, Dumka, Jamtara, Giridih.

Further it is prayed the salary of Para Teachers may kindly

be paid regularly month to month so that they may not put

in financial hardship.

Further respondent state may kindly be directed to pay the

salary of the Para Teachers equivalent to salary paid to

other Assistant Teachers, other allowances in which these

para teachers are working i