IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 5218 of 2015 ----------

1. Pandey Ramesh Pathak, son of late Gupteshwar Pathak, resident of At.+P.O. Kuchu, P.S. Ormanjhi, District Ranchi presently posted & working as Assistant Teacher, Govt. Primary School, Rolajara, P.O.

Chandra, P.S. Ormanjhi, District Ranchi.

2. Pankaj Kumar, son of late Sukhdeo Prasad Sahu, resident of village Chakme, P.O. Chakme, P.S. Burmu, District Ranchi, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Bare, P.O. Turmuli, P.S. Burmu, District Ranchi.

…. Petitioner Versus

1. The State of Jharkhand through the Secretary, Human Resource Development, Govt. of Jharkhand, Ranchi, at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

2. The Director, Primary Education, Human Resource Development Department, Govt. of Jharkhand, Ranchi, At. Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

3. The Deputy Commissioner, Ranchi, P.O. G.P.O., P.S. Kotwali, District Ranchi.

4. The District Superintendent of Education, Ranchi, P.O.+P.S.+ District Ranchi.

………. Respondents ----------

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -----------

For the Petitioners : Mr. Amit Kr. Tiwari, Advocate For the Resp.-State : Mr. Munna Lal Yadav, SC(L&C)-III ----------

C.A.V. on 16.02.2026 Pronounced on:13/03 /2026 Heard learned counsels for the parties.

2. The instant Writ application has been preferred by the petitioners for grant of Grade-1 scale to the petitioners from the date of their respective joining and further Grade-II, Grade-IV in view of the Arun Sinha Judgment (Annexure-3 Series).

3. Briefly stated, the petitioners are working as Assistant Teachers in the District of Ranchi, who were appointed in the year 2000 and 1997 respectively on compassionate ground. They were sent for in service training, result of which was published in years 2008 and 2002 in their individual cases. According to them they are entitled for promotion to Grade-I from the date of their joining as they have acquired necessary Teachers' Training Qualification during the course of their services. The petitioners have relied upon the judgment rendered in the case of Arun Sinha & ors. Vrs. State of Jharkhand in W.P.(S) No. 638 of 2006 and the judgment passed in Letters Patent Appeal No. 214 of 2008 preferred by the State of Jharkhand against the said judgment.

4. The case of the petitioners is that the delay in acquisition of the Teachers' Training Qualification was not on account of their fault. The petitioners have been given Scale of grade I in the year 1997 & 2000, respectively; however, even after completion of about 15- 18 years of their service, till date no promotion has been granted and they have been compelled to work in Grade-I scale.

Hence this Writ application.

5. Learned Counsel for the petitioners submits that during the pendency of the present writ application, the petitioners have been granted Grade-I from the date of joining and Grade-II after the completion of 12 years of service. He further submits that the petitioners have not been considered for Grade-IV promotion. He further submits that vide Office Order dated 11.06.2025 (Annexure-A to Supplementary Couter-Affidavit dated 13.06.2025), the petitioners are granted Grade-IV provisionally but till date no final promotion and the benefits of the said promotion/fixation have been extended.

6. He further submits that now the respondents are coming with new plea that for the purpose of promotion, the petitioners have to obtain/qualify TET examination.

He contended that the TET qualification has been introduced first time in the year 2012 for appointment of Assistant Teachers and as such, it cannot be applied retrospectively, therefore, the case of petitioners for promotion is to be considered in the light of 1993 Teachers' Promotion Rule.

Learned counsel lastly submits that for the aforesaid facts and reasons, a direction be issued to extend the benefits as prayed in the instant writ application.

7. L