IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P (S) No. 166 of 2019

1. Pradeep Kumar

2. Dilip Kumar Verma

3. Sunil Kumar Gupta

4. Shyam Sundar Pandit

5. Lakshman Yadav

6. Jageshwar Saw

7. Sewak Ganjhu

8. Dinesh Prasad Keshri

9. Rajeshwar Mahto

10. Dwarika Sahu

---

---

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, Giridih

8. The Deputy Commissioner, Latehar

9. The Deputy Superintendent Education, Giridih

10. The Deputy Superintendent Education, Latehar

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

12. Regional Deputy Director Education, Palamau Division, Daltonganj, Palamau

13. 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

---

For the Petitioner:

Mr. Rajesh Bhushan, Advocate

For the Resp.-State:

Mr. Aditya Raman, A.C to G.A-III

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 Giridih, Latehar 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.

2

Their services be regularised/adjusted as per their seniority

by 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, Giridih, Latehar.

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 framed vide notification

No. 1632 dated 05.09.2012 (Annexure-1) is ultra vires and

against the constitutio