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2026:JHHC:4317-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

L.P.A. No.333 of 2023

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Upendra Nath Verma, son of Late Rambali Singh, resident of

C/o Janardan Tiwari, Near Kalisthan, P.O., P.S. and District

Garhwa.

------- Appellant

Versus

1. The State of Jharkhand through the Secretary, Human

Resource Department, Project Building, Dhurwa, Ranchi.

2. The Director, Secondary Education, Human Resource

Department, Project Building, Dhurwa, Ranchi.

3. Regional Deputy Director of Education, Medninagar,

Palamau.

4. District Education Officer, Garhwa.

5. Principal, Rama Sahu Arya Vaidik Ucch Vidyalaya,

Garhwa.

6. The State of Bihar, through Director, Secondary

Education, H.R.D, Patna.

7. Sri Chandreshwar Prasad Singh son of Mulchandra

Prasad, resident of village & P.O. Mohammadpur, P.S.

Asithawan, District Nalanda (Bihar).

------ Respondents

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant : Mr. Abhay Kr. Mishra, Adv.

For the State of Jharkhand : Mr. Aditya Raman, AC to GA-III

For the State of Bihar : Ms. Diksha Dwivedi, AC to GA

(Bihar)

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12/16.02.2026 Heard Mr. Abhay Kr. Mishra, learned counsel for

the appellant, Mr. Aditya Raman, learned AC to GA-III and

Ms. Diksha Dwivedi, learned AC to GA (Bihar).

2. This appeal is directed against the order dated

24.04.2023 passed by the learned Single Judge in W.P.(S) No.

376 of 2013, whereby and whereunder the writ application

preferred by the appellant against his order of termination as

contained in Memo No. 927 dated 01.11.2012 has been

dismissed.

3. The factual aspects of the case reveal that the writ

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petitioner, pursuant to an advertisement dated 27.11.1987

applied for the post of Assistant Teacher and being successful

he was appointed on the said post and was posted at General

High School, Rosma, Purnia vide Memo No. 1260-1298 dated

10.04.1988. Due to some personal reasons the writ petitioner

did not give his joining in the said school and instead

requested for a transfer which was accepted and vide Memo

No. 511-5 dated 16.08.1989 the petitioner was transferred

from General High School, Rosma, Purnia to Rama Sahu Arya

Vaidya Ucch Vidyalaya, Garhwa, Palamu. The petitioner had,

accordingly, submitted his joining which was accepted and

the Principal of the said school had informed the District

Education Officer of the same vide letter dated 05.09.1989. It

has been urged by the petitioner that a letter was issued in

the year 2003 for submitting the entire documents to the

Principal, Rama Sahu Arya Vaidya Ucch Vidyalaya, Garhwa

and in compliance thereof the original record as well as the

service book and other testimonials with respect to the

petitioner were handed over to the District Education Officer,

Garhwa vide letter dated 12.06.2003. The petitioner was in

receipt of a show-cause notice as contained in letter no. 353

dated 21.06.2003 issued by the District Education Officer,

Garhwa wherein the petitioner was asked to submit his reply

on five issues as demarcated in the show cause notice. The

petitioner had duly given a reply justifying his stand on all the

issues raised. After a hiatus of seven years the District

Education Officer, Garhwa vide letter no. 909 dated

08.09.2010 addressed to the Principal of the school of posting

of the petitioner had directed to submit all the original

documents relating to the service of the petitioner for

verification. The petitioner was asked to appear in person to

reply to certain allegations made against him and in

compliance thereof the petitioner had submitted his show-

cause reply dated 08.12.2010 wherein such allegations were

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refuted. The petitioner was again in receipt of a letter as

contained in letter no. 710 dated 17.08.2012 issued by the

District Education Officer whereby the appointment of the

petitioner was termed as illegal appointment. The petitioner

had replied to the letter dated 17.08.2012 and the illegal

appointment of the petitioner has been sought to be continued

by harping on the fact that the petitione