IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P (S) No. 4421 of 2019

1. Pradeep Das

2. Kumari Sharmila Sharma

3. Pankaj Kumar

4. Sanjay Kumar Sant

5. Dhaneshwar Prasad Yadav

6. Bhuneshwar Ram Azad

7. Shankar Pandit

8. Subodh Kumar Saw

9. Birendra Kumar Rana

10. Rohit Kumar Mehta

11. Ritlal Yadav

12. Manoj Kumar Saw

13. Ashok Kumar Yadav

14. Pramod Kumar Gupta

15. Jitendra Kumar

16. Dharmendra Kumar

17. Dineshwar Yadav

18. Ashok Kumar

19. Bijay Kumar

20. Augustine Choranth

21. Bipin Kumar

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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, Koderma

8. The Deputy Superintendent Education, Koderma

9. Regional Deputy Director Education, North Chotanagpur Division,

Hazaribag

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

Development Department, Govt. of India, New Delhi

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Respondents

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CORAM: Hon’ble The Acting Chief Justice

Hon’ble Mr. Justice Deepak Roshan

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For the Petitioner:

Mr. Rajesh Bhushan, Advocate

For the Resp.-State:

Mr. Ashok Kr. Yadav, Sr. S.C-I

Mr. Anish Kr. Mishra, A.C to Sr. S.C-I

For the Resp.-JEPC:

Mr. Krishna Murari, Advocate

For the Resp.-UoI:

Mr. Sunil Kumar, Sr. Panel Counsel

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06 / 24.01.2023

Writ petition was preferred with the following prayer.

2

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 Koderma 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, Koderma.

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 in the schools where they are

working as para teachers in the same capacity, in which

Assistant Teachers are working holding the same

qualification, and they passed the Teacher Eligibility Test

Examination working as a Para Teacher conducted by

Jharkhand Academic Council, Ranchi on the sanctioned

post of Assistant Teachers.

Further it is prayed that the Rule fra