THE PR. COMMISSIONER OF INCOME TAX vs. SHRI M.SURYA NARAYANA RAJU

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No. 3115 of 2015 ---- Vijoy Kumar, Son of Shri Doman Saw, Resident of Chandwa, P.O. & P.S.-Chandwa, Dist-Latehar, Jharkhand

… … Petitioner(s) Versus 1.The State of Jharkhand 2.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 3.The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 4.The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 5.Hindi Vidyapith, Deoghar.

… … Respondents

with L.P.A. No. 430 of 2014 ---- 1.Mary Bibiana Minz, wife of Willam Bara, resident of Village Dipugarha, P.O. Hazaribag, P.S. Sadar, District Hazaribag. 2.Siwanti Raja Ram Kakde, wife of Bodhan Saw, resident of Village Sulami, P.O. Lapung, P.S. Katkamsandi, District Hazaribag.

… … Appellant (s) Versus 1.The State of Jharkhand. 2. The Secretary, Primary, Secondary and Higher Education, Human Resources Development Department, Government of Jharkhand, Ranchi, P.O. & P.S-Dhurwa, District-Ranchi. 3. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi, P.O. & P.S-Dhurwa, District-Ranchi. 4.The Secretary, Department of Personnel, Administrative Reforms and Raj Bhasa Department, Government of Jharkhand, P.O. & P.S-Dhurwa, Dist-Ranchi. 5. Bal Krishna Singh, Headmaster, Government Basic School, Chitarpur, at, P.O. and P.S. Chitarpur, District Ramgarh.

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6.Smt. Kiran Kumari daughter of Late Nareshwar Upadhaya, residing near Chatra College, P.O., P.S. and District Chatra. 7. Raj Kumar Singh son of Late Hari Lal Singh, Assistant Teacher, Government Basic School, Thuthi, P.O. Lohandi, P.S. and District Hazaribag. 8. Kishore Kumar son of Sri Somar Sao, Assistant Teacher, Government Basic School, Bachhai, P.O. Singhrawan, Chouparan, P.S. Chouparan, District Hazaribag. 9. Parmeshwar Sao son of Sri Dukhan Sao, Assistant Teacher, Government Basic School, Simariya, Chatra, P.O. and P.S. Chatra, District Chatra. 10. Jawahar Prasad son of Late Roop Lal Sahu, Assistant Teacher, Government Basic School, Simariya, P.O. and P.S. Chatra, District Chatra. 11.Kaushal Kishore Choubey son of Bindeshwari Chaubey, resident of Village Tatra, P.O. Chatra, P.S. and District Chatra.

… … Respondents

with

W.P. (S) No. 806 of 2015 ---- Vishnu Manjhi, son of Late Mahindri Manjhi, resident of Village Lawa (Bahedadih), P.O. Seemagunda, P.S. Nimdih, District Saraikella-Kharsawan.

… … Petitioner(s) Versus 1. State of Jharkhand through Secretary Water Resources Department, Govt. of Jharkhand Nepal House, Doranda, Ranchi, P.O. & P.S. Doranda, District Ranchi. 2.Deputy Commissioner cum Chairman District Compassionate Establishment Committee, East Singhbhum, P.O. Sakchi, P.S. Bistupur, District East Singhbhum. 3.Secretary, Personnel and Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Project Building, Durwa, P.O. & P.S. Dhurwa, district Ranchi. 4.Special Land Acquisition Officer No.3 Subernrekha Project Adityapur, P.O. & P.S. Adityapur, District Saraikella-Kharsawan. 5.Establishment Deputy Collector, East Singhbhum, P.O. Sakchi, P.S. Bistupur, District East Singhbhum.

… … Respondents

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with W.P. (S) No. 2597 of 2015 ---- Yasheen Ansari S/o Late Md. Ansari, R/o Vill- Uprbandha, P.O. Jumbad, P.S-Hiranpur, Dist-Pakur, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Chief Secretary State of Jharkhand, P.O. & P.S- Dhurwa, Distt-Ranchi. 3. Deputy Commissioner, P.O & P.S. Dist Pakur.

… … Respondents

with W.P. (C) No. 5588 of 2015 ---- Anita Rani Mahato, daughter of Shri Sudarshan Mahato, resident of Sapchalo, Post Sapchalo, Police Station Masliya, District Dumka. … … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, officiating from -Project Bhawn, Post-Dhurwa, Police Station Jagarnathpur, District- Ranchi. 3.The Additional Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, officiating from -Project Bhawn, Post-Dhurwa, Police Station Jagarnathpur, District- Ranchi. 4.The District Superintendent of Education, Dumka, officiating from Dumka, Post Dumka, Police Station Dumka, District- Dumka. 5. The District Superintendent of Education, Ranchi, officiating from Ranchi, Post Ranchi, Police Station Ranchi, District- Ranchi. 6.The Hindi Vidyapith Deoghar through its Secretary officiating from Deoghar, Post Deoghar, Police Station Deoghar, District- Deoghar. 7.The Registrar, Hindi Vidyapith Deoghar officiating from Deoghar, Post Deoghar, Police Station Deoghar, District- Deoghar.

… … Respondents

with W.P. (C) No. 5641 of 2015

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---- Hemant Kumar Thakur, S/o Shri Krishna Mohan Thakur, R/o Ratanpur, P.O. Sarva, P.S-Poraiyahat, Dist- Godda-814133, Jharkhand

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At Project building, P.O. & P.S.-Dhurwa, Dist-Ranchi. 3.The Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S.- Dhurwa, Dist-Ranchi. 4.The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S.-Dhurwa, Dist-Ranchi. 5. The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S.-Dhurwa, Dist-Ranchi. 6. The District Superintendent of Education, At-1st-Floor, Information & Public Relation Building, Infront of Mela Maidan, Godda-814133. 7.The District Superintendent of Education, At-Old Madhya Vidyalaya, Mina Bazar Campus, Deoghar- 814112. 8.The District Superintendent of Education, At-Top Floor, Jila Parisad Building, Dumka-814101. 9. The District Superintendent of Education, At- Madhya Vidyalaya, Police Line Campus, Sahebganj-816109. 10.The District Superintendent of Education, At-Court Campus, P.O-Pakur, Dist-Pakur-816107. 11. The District Superintendent of Education, At- Combined Building, Block-C, Sriram Pur, Jamtara- 815351. 12.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Pith, Dist: Deoghar, Jharkhand.

… … Respondents with W.P. (C) No. 5679 of 2015 ---- 1.Jay Prakash Yadav, S/o Rampati Yadav, R/o Silandra, P.O-Asanjor, P.S. Jama, Dist-Dumka-814101,

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Jharkhand. 2.Barmanand Soren, S/o Soban Soran, R/o Balabahiyer, P/O-Chikniya, P/S Jama, Dist-Dumka-814146, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At Project building, P.O. & P.S.-Dhurwa, Dist-Ranchi. 3.The Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S.- Dhurwa, Dist-Ranchi. 4.The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S.-Dhurwa, Dist-Ranchi. 5. The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S.-Dhurwa, Dist-Ranchi. 6. The District Superintendent of Education, At-1st-Floor, Information & Public Relation Building, Infront of Mela Maidan, Godda-814133. 7.The District Superintendent of Education, At-Old Madhya Vidyalaya, Mina Bazar Campus, Deoghar- 814112. 8.The District Superintendent of Education, At-Top Floor, Jila Parisad Building, Dumka-814101. 9. The District Superintendent of Education, At- Madhya Vidyalaya, Police Line Campus, Sahebganj-816109. 10. The District Superintendent of Education, At- Combined Building, Block-C, Sriram Pur, Jamtara- 815351. 12.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Pith, Dist: Deoghar, Jharkhand.

… … Respondents with W.P. (C) No. 5845 of 2015 ---- Binod Prasad, Son of Late Ram Bilash Saw, Resident of vill. & P.O-Chipadohar, P.S. Barwadih, Dist-Latehar, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand

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2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project Building, P.O. & P.S.- Dhurwa, District-Ranchi. 3.The Secretary, School Education and Literacy Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 4.The Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 5.Deputy Commissioner cum Chairman, District Education and Establishment Committee, Latehar, At & P.O-Latehar, P.S. & District-Latehar, Jharkhand. 6.The District Superintendent of Education, Latehar, At & P.O-Latehar, P.S. & District-Latehar, Jharkhand. 7.Hindi Vidhyapeeth Deoghar through its registrar having its office at Vidhyapeeth Road, P.O. & P.S. Deoghar, District-Deoghar.

… … Respondents

with W.P. (C) No. 5971 of 2015 ---- Mahindra Lohra, son of Late Prayag Lohra, resident of Village-Bhujaniya, P.O-Bathkhijri, P.S-Lohardaga, District Lohardaga.

… … Petitioner(s) Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and District Ranchi. 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, having office Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and District Ranchi. 3.The Secretary/Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having office at M.D.I. Building, near Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and District Ranchi. 4.The Director, Primary Education, having office at Primary Education Directorate, M.D.I. Building, near Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and District Ranchi. 5.Hindi Vidyapith, through its Registrar, having office at P.O. Hindi Pith, P.S. Deoghar, District Deoghar. 6.Deputy Commissioner-cum-Chairman, District

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Education Establishment Committee, Gumla, having office at P.O., P.S. & District Gumla. 7. Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Simdega, having office at P.O., P.S. & District Simdega. 8. Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Lohardaga, having office at P.O., P.S. & District Lohardaga. 9.District Superintendent of Education, Gumla, having office at P.O., P.S. & District Gumla. 10. District Superintendent of Education, Simdega, having office at P.O., P.S. & District Simdega. 11. District Superintendent of Education, Lohardaga, having office at P.O., P.S. & District Lohardaga.

...Respondents with W.P. (C) No. 5973 of 2015 ---- 1.Rajdeo Ram, Son of Sri Mahesh Ram, Resident of vill- Bhusar, P.O. Jalim, P.S. & Dist-Latehar, Jharkhand. 2.Bisheshwar Ram, Son of Teju Ram, Resident of vill. And P.O.-Chedra, P.S-Balumath, Dist-Latehar.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At Project building, Dhurwa, P.O. & P.S-Dhurwa, Dist- Ranchi. 3.The Secretary, School Education and Literacy Department, Govt. of Jharkhand, at Project building, Dhurwa, P.O. & P.S-Dhurwa, Dist- Ranchi.

4.The Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, at Project building, Dhurwa, P.O. & P.S-Dhurwa, Dist- Ranchi. 5.Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar, At & P.O- Latehar, P.S. & District-Latehar, Jharkhand. 6.The District Superintendent of Education, Latehar, At & P.O-Latehar, P.S. & District-Latehar, Jharkhand. 7.Hindi Vidyapith Deoghar through its Registrar, having its office at- Hindi Vidyapith Road, P.O. & P.S-Deoghar, Dist-Deoghar, Jharkhand.

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… … Respondents

with W.P. (C) No. 5993 of 2015 ---- Rajendra Oraon, Son of Sri Sukiya Oraon, Resident of Bari (Chata Semar), P.O. Bari, P.S.-Chandwa, Dist- Latehar, Jharkhand

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S- Dhurwa, Dist-Ranchi. 3.The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 4.The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 5.Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Lohardaga, At & P.O- Lohardaga, P.S. & District- Lohardaga, Jharkhand. 6.The District Superintendent of Education, Lohardaga, At & P.O- Lohardaga, P.S. & District- Lohardaga, Jharkhand. 7. Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Simdega, At & P.O- Simdega, P.S. & District- Simdega, Jharkhand. 8. The District Superintendent of Education, Simdega, At & P.O- Simdega, P.S. & District- Simdega, Jharkhand. 9.Hindi Vidyapith Deoghar through its Registrar, having its office at- Hindi Vidyapith Road, P.O. & P.S-Deoghar, Dist-Deoghar, Jharkhand.… … Respondents with W.P. (C) No. 6047 of 2015 ---- 1.Pinki Kumari @ wife Pinky Kumari, wife of Shri Binod Pandit, resident of Rakhabani, Post Dumka, Police Station Dumka, District Dumka. 2.Lalita Kumari, wife of Shri Ram Niwas Mandal, resident of Chikania, Post Chikania, Police Station Jama, District Dumka.

… … Petitioner(s) Versus

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… … Respondents

with W.P. (C) No. 6071 of 2015 ---- 1.Ajit Kumar Mandal, S/o Late Subhash Chandra Mandal, R/oKumhar para (Kali Mandap)Bhairabpur, P.O. Bhairabpur, P.S-Jama, Dist-Dumka-814101, Jharkhand. 2. Dinesh Bhandari, S/o Sitanath Bhandari, R/o Nerubapahari, P.O-Baratar, P.S. Jarmundi, Dist-Dumka- 814146, Jharkhand. 3.Sahadeo Mandal, S/o Lae Gujar Mandal, R/o Busbutia, P.O-Baratar, P.S. Jarmundi, Dist-Dumka- 814146, Jharkhand. 4.Satyendra Prasad Yadav S/o Late Bhola Nath Khairhar, R/o-Baagjhopaa, P/S-Jama, Dist-Dumka-814146, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department,

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Govt. of Jharkhand, At-Project building, P.O. & P.S- Dhurwa, Dist-Ranchi. 3.The Under Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S- Dhurwa, Dist-Ranchi. 4. The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 5.The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 6. The District Superintendent of Education, At-1st-Floor, Information & Public Relation Building, Infront of Mela Maidan, Godda-814133. 7.The District Superintendent of Education, At-Old Madhya Vidyalaya, Mina Bazar Campus, Deoghar- 814112. 8.The District Superintendent of Education, At-Top Floor, Jila Parisad Building, Dumka-814101. 9. The District Superintendent of Education, At- Madhya Vidyalaya, Police Line Campus, Sahebganj-816109. 10. The District Superintendent of Education, At- Combined Building, Block-C, Sriram Pur, Jamtara- 815351. 11.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Pith, Dist: Deoghar, Jharkhand..

… … Respondents with W.P. (C) No. 143 of 2016 ---- Tanuja Das, W/o Sri Jaidev Das, R/o Village-Rangalia, P.O-Rangalia, P.S. Ranishwar, District-Dumka, Jharkhand

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 3.The Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, at-Project Building, P.O. & P.S- Dhurwa, Dist-Ranchi.

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… … Respondents with W.P. (C) No. 176 of 2016 ---- Shila Kumari, W/o Nirodh Kumar Mandal, D/o Ashwini Kumar Manjhi, R/o Village-Asansol, P.O. Asansol, P.S. Dumka (Muffasil), District-Dumka, Jharkhand

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi. 3.The Under Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, at-Project Building, P.O. & P.S- Dhurwa, Dist-Ranchi. 4. The Secretary, Human Resources Development Department, Govt. of Jharkhand, at-Project Building, P.O. & P.S-Dhurwa, Dist-Ranchi. 5.The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, at-Project Building, P.O. & P.S-Dhurwa, Dist-Ranchi. 6. The District Superintendent of Education, At-Top Floor, Jila Parishad Building, Dumka, P.O., P.S. & District-Dumka, Dumka-814101. 7.The Vice Chancellor, Hindi Vidyapith, P.O:Hindi Vidyapith, P.S. Deoghar, Dist: Deoghar, Jharkhand..

… … Respondents with W.P. (S) No. 363 of 2016 ----

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Surendra Prasad, S/o Sri Bansi Prasad, Resident of Village-Morwe, P.O-Morwe, P.S-Majhiaon, District Garhwa, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S-Dhurwa, Dist-Ranchi, Jharkhand. 3.The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project Building, P.O. & P.S-Dhurwa, Dist-Ranchi, Jharkhand. 4.The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project Building, P.O. & P.S-Dhurwa, Dist-Ranchi, Jharkhand 5.The Vice Chancellor, Hindi Vidyapith, Deoghar, P.O and P.S. Deoghar, Dist: Deoghar, Jharkhand.. 6. The District Superintendent of Education, Garhwa, P.O., P.S. & District-Garhwa. 7. The Deputy Commissioner, Garhwa, P.O., P.S. & District-Garhwa, Jharkhand.

… … Respondents with W.P. (S) No. 590 of 2016 ---- Balram Oraon son of Late Ramnandan Oraon, resident of village Lawagara, P.O. Hethpochra, P.S and District Latehar.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 3.Director, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 4.Deputy Commissioner, Latehar, P.O. and District Latehar. 5.District Education Officer, Latehar, P.O. and District Latehar.

… … Respondents with W.P. (S) No. 595 of 2016 ----

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Md. Tahir Hussain son of Late Kifarat Ali, resident of village Jaspur, P.O. Loharsi, P.S. Panki, District Palamau.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 3.Director, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 4.Deputy Commissioner, Palamu, P.O. and District Palamu. 5.District Education Officer, Palamu, P.O. and District Palamu.

… … Respondents with W.P. (S) No. 596 of 2016 ---- Ram Bachan Singh son of Late Ganga Singh, resident of Konwai, P.O. Konwai, P.S. Panki, District Palamau.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 3.Director, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 4.Deputy Commissioner, Palamu, P.O. and District Palamu. 5.District Education Officer, Palamu, P.O. and District Palamu.

… … Respondents with L.P.A No. 614 of 2016 ---- Yogendra Prasad Sharma, son of Late Karu Singh, resident of Mohalla Hanuma Tikri, Deoghar, P.O. P.S. Deoghar, District Deoghar, Jharkhand.

… … Appellant(s) Versus 1. State of Jharkhand

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2.Principal Secretary, Government of Jharkhand, Ranchi, P.O. & P.S. Ranchi, District-Ranchi. 3.Secretary, Department of Finance, Government of Jharkhand, Ranchi, P.O. & P.S. Ranchi, District-Ranchi. 4.Commissioner, Dumka, P.O. and P.S. Dumka, District- Dumka. 5.Deputy Commissioner, Deoghar, P.O. and P.S. Deoghar, District-Deoghar. 6.Additional Collector, Deoghar, P.O. and P.S. Deoghar, District-Deoghar. 7.Land Reforms Deputy Collector, Deoghar, P.O. and P.S. Deoghar, District-Deoghar. 8. Sub Divisional Officer, Deoghar, P.O. and P.S. Deoghar, District-Deoghar. 9.Circle Officer, Sarwan, P.O. & P.S. Sarwan, District- Deoghar. 10. Accountant General (A & E), Government of Jharkhand, Ranchi, P.O. & P.S. Doranda, District Ranchi.

… … Respondents with W.P. (C) No. 674 of 2016 ---- 1.Munni Kumari D/o Nageshwar Mahto, R/o Shyamlata P/O & P/S. Siktiya, Jama, Dist-Dumka-814146, Jharkhand. 2.Surujmuni Tudu W/o Sushil Kumar Tudu R/O Kushbadia, Siktia, Vill-Basukinath, Dumka, P.O. & P.S. Dumka, Dist-Dumka-814101, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S- Dhurwa, Dist-Ranchi. 3.The Under/Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, At-Project building, P.O. & P.S- Dhurwa, Dist-Ranchi. 4.The Secretary, Human Resources Development Department, Govt. of Jharkhand, At-Project Building, P.O. & P.S-Dhurwa, Dist-Ranchi 5.The Directror, Higher Education, Human Resources Development Department, Govt. of Jharkhand, At-Project

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Building, P.O. & P.S-Dhurwa, Dist-Ranchi 6.The Vice Chancellor, Hindi Vidyapith, P.O Hindi Pith, Dist: Deoghar, Jharkhand.

… … Respondents with W.P. (C) No. 805 of 2016 ---- Fulchand Koda, son of Late Prayag Koda, resident of Khamargora, P.O. & P.S-Katrasgarh, District-Dhanbad.

… … Petitioner(s) Versus 1.The State of Jharkhand through the Chief Secretary, Government of Jharkhand, having office at-Project Building, P.O. & P.S-Dhurwa, Town and Dist-Ranchi. 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, having office at-Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and Dist-Ranchi. 3.The Secretary/Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having office at M.D.I. Building, near Project Building, Dhurwa, P.O. & P.S-Dhurwa, Town and Dist-Ranchi. 4.The Director, Primary Education, having office at Primary Education Directorate, M.D.I. Building, near Project Building, P.O. & P.S-Dhurwa, Town and District- Ranchi. 5.Hindi Vidyapith, through its Registrar, having office at P.O. Hindi Pith, P.S. Deoghar, District Deoghar. 6. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad, having office at P.O., P.S. & District Dhanbad. 7. District Superintendent of Education, Dhanbad, having office at P.O., P.S. & District-Dhanbad.

… … Respondents with W.P. (C) No. 3062 of 2016 ---- Kanan Kumar Patra son of late Bato Krishto Patra, resident of opposite hotel Mahadev Palace, Castairs town, Deoghar, PO, PS and District Deoghar (Jharkhand).

… … Petitioner(s) Versus 1.The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S-

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Dhurwa, District-Ranchi. 2. The Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S-Dhurwa, District-Ranchi. 3.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, Project Bhawan, P.O. & P.S-Dhurwa, District-Ranchi. 4.The Under Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, Project Bhawan, P.O. & P.S-Dhurwa, District-Ranchi. 5.The Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Telephone Bhawan, P.O. & P.S-Dhurwa, District-Ranchi. 6.The Director, Higher Education, Department of School Education and Literacy, Government of Jharkhand, Telephone Bhawan, P.O. & P.S-Dhurwa, District-Ranchi. 7. The Director, Primary Education, Department of School Education and Literacy, Government of Jharkhand, Telephone Bhawan, P.O. & P.S-Dhurwa, District-Ranchi. 8. The District Education Officer, Jamtara, PO, PS & District Jamtara. 9. Hindi Vidyapeeth, Deoghar through its Registrar, PO, PS, Subdivision & District- Deoghar. 10.The Registrar, Hindi Vidyapeeth, Deoghar, PO, PS, Subdivision & District- Deoghar.

… Respondents with W.P. (S) No. 4058 of 2016 ---- Anant Kumar Murmu son of Sri Sahdeo Prasad Murmu, Resident of Village & P.O. Chanpi, P.S. Peterwar, District Bokaro (presently posted as Assistant Teacher, Middle School, Kathara, P.O. & P.S. Gomia, District-Bokaro)

… … Petitioner(s) Versus 1. State of Jharkhand 2. Secretary, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O.-Dhurwa, P.S- Jagarnathpur, District- Ranchi. 3.Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O.-Dhurwa, P.S-Jagarnathpur, District-

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Ranchi. 4.District Superintendent of Education, Bokaro, P.O & P.S. Bokaro, District- Bokaro. 5.Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa Department, Govt. of Jharkhand, Project Building, P.O.-Dhurwa, P.S- Jagarnathpur, District- Ranchi. 6. Under Secretary, Department of Personnel, Administrative Reforms and Rajbhasa Department, Govt. of Jharkhand, Project Building, P.O.-Dhurwa, P.S- Jagarnathpur, District- Ranchi. 7. Registrar, Hindi Vidyapith, Deoghar, P.O. & P.S- Deoghar, District-Deoghar.

… … Respondents with W.P. (S) No. 319 of 2017 ---- Marsila Soren, Wife of Sri Baleshwar Hembrum, Block Education Extension Officer, Palajori, P.O. P.S. Palajori, District-Deoghar, at present residing at Grant Estate, Dumka, P.O. P.S. Dumka, District-Dumka.

… … Petitioner(s) Versus 1.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2.State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Deoghar, Ranchi, P.O. P.S. Deoghar, District-Deoghar.

… … Respondents with W.P. (S) No. 327 of 2017 ---- 1.Kailash Pati Patar, son of late Bholanath Patar, resident of village Laikapur, P.O. & P.S. Kundahit,

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District Jamtara. 2.Nageshwar Singh, son of late Chamari Singh, resident of village Barabag, P.O. Tatra, P.S. Rajpur, District Chatra. 3.Ranjeet Kumar Chaudhary, son of late Dhirendranath Chaudhary, resident of village & P.O. Raghunathpur, P.S. Raghunathpur, District Dumka. 4.Rafique Alam, son of late Mansoor Ali, resident of village Papra, P.O. & P.S. Mahesh Tikri, District Godda. 5. Sukhdeo Yadav, son of Dashrath Mahto, resident of village Ratabahiyar, P.S. & P.O. Gandey, District Giridih. 6.Murat Mahto, son of late Bhikhan Mahto, resident of village Nayitand, P.O. Salibaddiha, P.S. Heradih, District Giridih. 7. Mangal Mahto, son of late Kanhai Mahto, resident of village Nayitand, P.O. Salibaddiha, P.S. Heradih, District Giridih 8.Md. Mohsin, son of late Md. Salamat Hussain, resident of Ghapra, P.O. & P.S. Mahesh Tikri, District Godda. 9. Titulal Mandal, son of late Kanhai Mandal, resident of village Kathalia, P.O. Kumarabad, P.S. Masalaya, District Dumka. 10. Md. Jamaluddin, son of late Sheikh Karo, resident of village and P.O. Koyla, District Godda (Jharkhand)

… … Petitioner(s) Versus 1. The State of Jharkhand, through Director, Primary School Education and Literacy Department, M.D.I. building, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi. 2. Director, Primary School Education and Literacy Department, M.D.I. building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi. 3. Regional Deputy Director of Education, Santhal Pargana, Dumka, P.O. & P.S. Dumka, District-Dumka. 4. Regional Deputy Director of Education, North Chhotanagpur, Hazaribagh, P.O. & P.S. Hazaribagh, District- Hazaribagh. 5.District Education Officer, Jamtara, combined building Jamtara, P.O., P.S. and District Jamtara. 6. District Education Officer, Deoghar, P.O., P.S. and District Deoghar. 7. District Education Officer, Dumka, P.O., P.S. and District Dumka. 8. District Education Officer, Hazaribagh, P.O., P.S. and

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District Hazaribagh. 9. District Education Officer, Godda, P.O., P.S. and District Godda. 10. District Education Officer, Giridih, P.O., P.S. and District Giridih. 11. District Superintendent of Education, Jamtara, P.O., P.S. and District Jamtara. 12. District Superintendent of Education, Deoghar, P.O., P.S. and District Deoghar. 13. District Superintendent of Education, Dumka, P.O., P.S. and District Dumka. 14. District Superintendent of Education, Hazaribagh, P.O., P.S. and District Hazaribagh. 15. District Superintendent of Education, Godda, P.O., P.S. and District Godda. 16. District Superintendent of Education, P.O., P.S. and District Giridih. 17. Principal of Primary Teachers’ training College, Ghorma Deoghar, P.O. & P.S. Ghormara, District Deoghar. 18. Principal of District Institute Education & training, Jasidih, P.O. & P.S. Jasidih, District Deoghar. 19. Principal of District Institute Education & training, Pabiya, District Jamtara. with W.P. (S) No. 328 of 2017 ---- Asther Murmu, Wife of Sri Avinash Marandi, Block Education Extension Officer, Sarwan, P.O. P.S. Sarwan, District-Deoghar, at present residing at Vijaypur, Masaliya Rd, P.O. Bando Haripur, P.S. Muffasil, District- Dumka.

… … Petitioner(s) Versus 1.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2.State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal

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Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Dumka, P.O. P.S. Dumka, District- Dumka.

… … Respondents with W.P. (S) No. 332 of 2017 ---- Baha Shanti Marandi, Wife of Sri Motilal Hembrum, Block Education Extension Officer, Poraiyahat, West Godda, P.O. P.S. Poraiyahat, District Godda, at present residing at Vill-Karharbil (Ramratan Path), P.O. Dumka, P.S. Muffasil Dumka, District-Dumka.

… … Petitioner(s) Versus 1. The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Deoghar, Ranchi, P.O. P.S. Deoghar, District- Deoghar.

… … Respondents with W.P. (S) No. 333 of 2017 ---- Sumita Marandi, Wife of Sri Rajendra Soren, Block Education Extension Officer, Deogher, P.O. P.S. Deogher, District-Deogher, at present residing at Jarbadih, Hizala Rd. P.O. Old Dumka, P.S. Dumka, District-Dumka. …

… Petitioner(s) Versus 1.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi.

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… … Respondents with W.P. (S) No. 363 of 2017 ---- Jaya Devi, Wife of Late Sudhakar Roy, Block Education Extension Officer, Godda (east), P.O. P.S. Godda, District Godda, at present residing at Shanti Nagar (sri Amrha), P.O. Shiva Paharh, P.S-Muffasil, District-Dumka.

… Petitioner(s) Versus 1. The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Godda, P.O. P.S. Godda, District- Godda.

… … Respondents with W.P. (S) No. 385 of 2017 ---- Rina Kumari, Wife of Sri Uttam Jha, Block Education Extension Officer, Nirsa-3, P.O. P.S. Nirsa-3, District Dhanbad, at present residing at Nirsa, P.O. P.S. Nirsa, District Dhanbad

… … Petitioner(s)

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Versus 1.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Hazaribagh Division, Hazaribag, P.O. P.S. Hazaribag, District- Hazaribag. 5.District Superintendent of Education, Dhanbad, P.O. P.S. Dhanbad, District- Dhanbad.

… … Respondents with W.P. (S) No. 386 of 2017 ---- Pratima Das, Wife of Sri Rahul Kumar, Lecturer, District Institute of Education & Training, Govindpur, P.O. P.S. Govindpur, District Dhanbad, at present residing at Govindpur, P.O. P.S-Govindpur, District Dhanbad.

… … Petitioner(s) Versus 1. The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Hazaribagh Division, Hazaribag, P.O. P.S. Hazaribag, District- Hazaribag. 5.District Superintendent of Education, Dhanbad, P.O. P.S. Dhanbad, District- Dhanbad.

… … Respondents with W.P. (S) No. 410 of 2017

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---- Polina Hembrum, Wife of Sri Sanat Murmu, Headmaster, Government Basic School, Dhanbai, P.O. P.S. Saraiyahat, District Dumka, at present residing at Pagbara, Hansdiha, P.O. P.S-Hansdiha, District Dumka. … … Petitioner(s) Versus 1. The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Prgana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Dumka, P.O. P.S. Dumka, District- Dumka.

… … Respondents with W.P. (S) No. 473 of 2017 ---- 1.Sewanti Rajaram Kakre wife of Bodhan Sao, resident of Village Sulmi, P.O. Lupung, P.S. Katkamsandi, District Hazaribag. 2.Mary Bibiana Minz wife of Willium Bara, resident of Mariyam Toli, Dipu Garha, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. 3.Jacinta Baa wife of Bernad Kerketta, resident of Anandpuri, College More, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. 4. Smt. Nirmala Lakra wife of Junas Toppo, resident of Krishnapuri, Lochan Path, Korra, P.O. Korra, P.S. Hazaribag, District Hazaribag 5.Junas Toppo son of Late Daud Toppo, resident of Krishnapuri, Lochan Path, Korra, P.O. Korra, P.S. Hazaribag, District Hazaribag

… … Petitioner(s) Versus 1.The State of Jharkhand through its Secretary, School

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Education and Literacy Department, having its office at Telephone Bhawan, Dhurwa, P.O.-Dhurwa, P.S- Jagarnathpur, District-Ranchi. 2.The Director, Primary Education, School Education and Literacy Department, having its office at Telephone Bhawan, Dhurwa, P.O.-Dhurwa, P.S-Jagarnathpur, District-Ranchi. 3.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, Dist-Ranchi. 4.The Regional Deputy Director of Education, North Chhotanagpur Division, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. 5.The District Education Officer, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. 6. The District Education Officer, Ramgarh, P.O. and P.S. Ramgarh, District Ramgarh. 7. The District Education Officer, Chatra, P.O. and P.S. Chatra, District Chatra. 8. The District Education Officer, Giridih, P.O. and P.S. Giridih, District Giridih. 9.The Principal, Primary Teachers Education College (Mahila), Bagodar, P.O. and P.S. Bagodar, District Giridih. 10.The District Superintendent of Education, Ramgarh, P.O. and P.S. Ramgarh, District Ramgarh.

… … Respondents with W.P. (S) No. 477 of 2017 ---- Ignatius Hembrum, S/o Late Saticharan Hembrum, Lecturer, Primary Teachers’ Training College, Barhet, Sahebganj, P.O. P.S. Sahebganj, District-Sahebganj, at ptesent residing at Vill-Jambad, via-Kotalpokhar, P.O. Jambad, P.S. Kotalpokhar, District-Sahebganj.

… … Petitioner(s) Versus 1.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2.State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education),

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M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Prgana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Sahebganj, P.O. P.S. Sahebganj, District- Sahebganj.

… … Respondents with W.P. (S) No. 479 of 2017 ---- Elezabeth Hembrum, W/o Robert Chundu Murmu Posted as Block Education Extension Officer, Littipara, Pakur, PO. P.S. Pakur, District Pakur, at present residing at Vill- Littipara, P.O. Pakur, P.S. Pakur, District Pakur

… … Petitioner(s) Versus 1. The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Pakur, P.O. P.S. Pakur, District- Sahebganj.

… … Respondents with W.P. (S) No. 481 of 2017 ---- Sudha Kumari, W/o Sri Sunil Chandra Mandal, Headmistress, Government Basic School, Amrhaparha, P.O. P.S. Amrhaparha, District-Pakur, at present residing at Vill-Amrhaparha, P.O. P.S-Amrhaparha, Distric-Pakur.

… Petitioner(s) Versus

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… … Petitioner(s) Versus 1. The State of Jharkhand 2. Director, Primary School Education and Literary

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Department, PO & PS Dhurwa, District Ranchi. 3.Regional Dy Director of Education, Santhal Pargana, Dumka, PO & PS Dumka, District-Dumka. 4. District Education Officer, Deoghar, PO, PS and District Deoghar. 5.District Education Officer, Godda, PO, PS and District Godda. 6. District Education Officer, Dumka, PO, PS and District Dumka. 7.District Supdt. of Education, Deoghar, PO, PS and District Deoghar. 8. District Supdt. of Education, Godda, PO, PS and District Godda. 9. District Supdt. of Education, Dumka, PO, PS and District Dumka. 10.Principal Primary Teacher’s Training College, Ghorma, PO, PS and District Godda. … … Respondents with W.P. (S) No. 553 of 2017 ---- Kailash Marandi, S/o Late Churaka Marandi, Block Education Extension Officer, Thakur Gangati, P.O. P.S. Godda, District-Godda, at present residing at Thakur Gangati, P.O. P.S.-Thakur Gangati, District-Godda. … … Petitioner(s) Versus 1. The State of Jharkhand through The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Godda, P.O. P.S. Godda, District- Godda. … … Respondents with W.P. (S) No. 563 of 2017 ----

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Chhakulal Murmu, S/o Late Hindu Murmu, Block Education Extension Officer, Gawan, P.O. P.S. Gawan, District-Giridih, at present residing at Vill-Charkadah, P.O. P.S-Bindapathar, District-Jamtarha

… … Petitioner(s) Versus 1. The State of Jharkhand through The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Hazaribagh Division, Hazaribagh, P.O. P.S. Hazaribagh, District- Hazaribagh. 5.District Superintendent of Education, Giridih, P.O. P.S. Giridih, District- Giridih. … … Respondents with W.P. (S) No. 568 of 2017 ---- 1.Swati Shashi Dangwar wife of Levnard Bhengra at present working as Head Mistress Basic School Ropkhera, West Singhbhum, PO. Ropkhera, P.S. Manoharpur, District-West Singhbhum. 2.Sabindra Nayak son of Late Thurka Naik at present working as Block Extension Education Officer Mahuatanr, Latehar, PO, P.S and District Latehar.

… … Petitioner(s) Versus 1.The State of Jharkhand through Secretary, (Education) Govt. of Jharkhand, P.O.- Dhurwa, P.S.-Dhurwa, District-Ranchi. 2.Director, Primary School Education and Literacy Department, P.O. & P.S.-Dhurwa, District-Ranchi. 3.The Regional Deputy Director of Education, Daltonganj, PO. P.S. and District Daltanganj. 4. The Regional Deputy Director of Education, West Singhbhum, PO. P.S. and District West Singhbhum. 5. The District Education Officer, Palamau, PO. and P.S. Palamau, District Daltanganj.

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… Respondents with W.P. (S) No. 570 of 2017 ---- 1.Surendra Hembrom son of Late Lakhindra Hembrom, resident of Village Madhawa, PO-Bindapather, PS- Bindapather, District Jamtara, at present posted as B.E.E.O, Jharia, Dhanbad. 2. Baburam Murmu @ Babulal Murmu, son of Late Sukal Murmu, resident of Village Nimdagal, PO-Fatehpur, PS- Fatehpur, District-Jamtara at present posted as BEEO, Panki (West) Palamau, Gumma (Godda) 3.Premshila Kumari wife of Basant Sahu, resident of Village Barabazar, Subhas Marg, PO-Hazaribagh, PS- Sadar, District Hazaribagh, at present posted as Lecturer, Women’s Teacher Training College, Bagodar, Giridih. 4.Smt. Subrata Mahto wife of Prabhu Narayan Mahto resident of Lakhipay, PO. Gumuriya, PS-Jaganathpur, District West Singhbhum, at present posted as Lecturer DIET Gamhariya District Saraikela Kharswan. 5.Devendra Paswan son of Late Sukhdeo Paswan resident of Village Motia, PO-Motia, PS-Godda, District Godda, at present posted as Lecturer, Primary Teacher’s Training College, Gumna, District Godda. 6.Lukhi Tudu wife of Sitaram Soren resident of Village- Kanwadhab, PO. Banshjori, P.S.-Sundarpahar, District Godda, at present posted as Lecturer, Primary Teacher’s Training College, Gumma, District-Godda. 7.Agnes Soren wife of Jondhani Marandi, resident of Village-Dobha Kusumghati, PO-Kusumghati, P.S- Lalmatia, District Godda, at present working as BEEO Nala Jamtara, District Jamtara.

… … Petitioner(s) Versus 1. The State of Jharkhand through Secretary, (Education) Govt. of Jharkhand, P.O.- Dhurwa, P.S.-Dhurwa, District-Ranchi. 2.Director, Primary School Education and Literacy Department, P.O. & P.S.-Dhurwa, District-Ranchi. 3.The Regional Deputy Director of Education,

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Hazaribagh, PO & P.S.- Hazaribagh, District Hazaribagh. 4. Regional Deputy Director of Education, Palamau, PO & P.S. Palamau, District- Daltonganj. 5. Regional Deputy Director of Education, Dhanbad, PO, P.S. and District- Dhanbad. 6. Regional Deputy Director, Giridih, PO, P.S. and District- Giridih.

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Gamhariya, District Saraikela Kharswan 25. Principal, Teacher’s Training College, Gumma, P.O., P.S-Godda, District-Godda. … Respondents with W.P. (S) No. 607 of 2017 ---- Anath Singh Choudhary son of late Kali Path Singh Choudhary, resident of Village-Topra, P.O. & P.S- Pindarajora, District Bokaro.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, Primary Education and Literacy Department, M.D.I. Building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi. 3.The Director, Primary Education and Literacy Department, M.D.I. Building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi. 4.The District Superintendent of Education, West Singhbhum, Chaibasa, P.O. P.S. & District Chaibasa.

… Respondents with W.P. (S) No. 634 of 2017 ---- 1.Lakhindra Nath Soren, son of Late Pan Soren, resident of Village-Hathdhara, PO-Pabia, PS-Bindapathar, District-Jamtara, at present working as Lecturer, P.T.T.C, Pabia, Jamtara, Jharkhand. 2.Debsharan Murmu, S/o Shri Gopin Murmu, Resident of Vill-Mejhia, P.O-Mejhia, P.S-Jamtara, District- Jamtara, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.Director, Primary School Education and Literacy Department, P.O. & P.S.-Dhurwa, District-Ranchi. 3.Regional Dy Director of Education, Santhal Pargana, Dumka, P.O. and P.S-Dumka, District-Dumka 4.District Education Officer, Deoghar, P.O., P.S-Deoghar, District Deoghar. 5. District Superintendent of Education Officer, Deoghar, P.O. and P.S-Deoghar, District Deoghar. 6. District Education Officer, Jamtara, P.O., P.S and District Jamtara.

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7.District Supdt. of Education, Jamtara, P.O., P.S and District Jamtara.

… Respondents with W.P. (S) No. 690 of 2017 ---- Helen Marandi, W/o Sri Michal Hansda, Posted as Block Education Extension Officer, Amrapara, Pakur, P.O. P.S. Amrapara, District-Pakur, at present residing at Vill- Kurwa, P.O-Dumka, P.S. Dumka, District Dumka.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 3. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, Dumka, P.O. P.S. Dumka, District- Dumka. 5.District Superintendent of Education, Pakur, P.O. P.S. Pakur, District- Pakur. … … Respondents with W.P. (S) No. 691 of 2017 ---- Sarkil Marandi, S/o Late Choto Marandi, Block Education Extension Officer, Mirjachauki, Bhandro, P.O. Mirjachauki, P.S. Bhandro, District-Sahebganj, at present residing at Vill- Mirjachauki, P.O. Mirjachauki, P.S. Bhandro, District-Sahebganj.

… … Petitioner(s) Versus 1. The State of Jharkhand 2.The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 3. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa,

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District-Ranchi. 5.The Regional Deputy Director of Education, Santhal Pargana Division, P.O., P.S.-Dumka, District-Dumka. 6.District Superintendent of Education, Sahebganj, P.O. P.S. Sahebganj, District- Sahebganj.

… … Respondents with W.P. (S) No. 725 of 2017 ---- Masra Murmu, S/o Late Som Murmu, Block Education Extension Officer, Pathargawan-2, P.O. P.S-Pathargawan, District Godda, at present residing at Vill-Tarara, P.O. P.S-Nischintpur, District Dumka.

… … Petitioner(s) Versus 1. The Secretary, School Education and Literacy Department, (Primary Education), Government of Jharkhand, M.D.I. Building, Dhurwa, P.O., P.S.-Dhurwa, District-Ranchi. 2. State Education Establishment (Primary Education) through its Chairman, the Director (Primary Education), M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 3.The Director, Primary Education, School Education and Literacy Department, M.D.I. Building, P.O., P.S.-Dhurwa, District-Ranchi. 4.The Regional Deputy Director of Education, Santhal Pargana Division, P.O., P.S.-Dumka, District-Dumka. 5.District Superintendent of Education, Dumka, P.O. P.S. Dumka, District- Dumka

… … Respondents with W.P. (S) No. 728 of 2017 ---- Subhash Prasad, S/o Late Shyam Sunder Sah, R/o Khardiha, P.O. Ranka, P.S. Ranka, District Garhwa, at present posted at R.D.D., Palamu, Jharkhand.

… … Petitioner(s) Versus 1. The State of Jharkhand. 2.Director, Primary School Education and Literacy Department, P.O., P.S.-Dhurwa, District-Ranchi. 3.Regional Deputy Director of Education, Santhal Pargana Dumka, P.O., P.S.-Dumka, District-Dumka.

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6.District Supdt. of Education, Jamtara, P.O. P.S. and District- Jamtara. 7. District Education Officer, Garhwa, P.O. P.S. and District- Garhwa 8. District Supdt. of Education, Garhwa, P.O. P.S. and District- Garhwa.

… … Respondents with W.P. (S) No. 2932 of 2017 ---- 1.Jitendra Kumar Burnwal, son of Govind Pd. Burnwal, Resident of Sudamdih, Riverside, P.O. & P.S. Sudamdih, District Dhanbad. 2.Omprakash Lal, son of Motilal Chaupal, Resident of Tenua, P.O. Pothram, District-Darbhanga (Bihar) 3.Sanjay Kumar Suman, son of Rambilas Ray, Resident of Bhatdih Colliery via Mahuda Bazar, P.O. & P.S. Mahuda, District-Dhanbad. 4.Hridyanand Tiwari, son of Ramlakhan Tiwari, Resident of Pachokhor, P.O. Mania, P.S. Aund, District-Siwan. 5.Sanat Kumar Sinha, son of Jaminikant Sinha, Resident of Madhra, P.O. Rangamatia, P.S. Chandankiyari, District Bokaro. 6.Gita Kumari, daughter of Mahabir Prasad, Resident of Matkuria, P.O. + P.S + District-Dhanbad. 7.Naresh Ram, son of Garju Ram, Resident of village + P.O Chhapmathia, P.S. Mirganj, District-Gopalganj. 8.Indu Kumari, wife of Umesh Kumar Sinha, Resident of Chhatarbigaha, P.O. + P.S. Amawa, District Nalanda. 9.Baban Kumar, son of Sri Biranchi Paswan, Resident of Lodna, P.S. Jahria, District Dhanbad. 10. Kumari Siya Rani, daughter of Badri Paswan, Resident of Madhuban, P.O. Lodna, P.S. Jharia, District Dhanbad. 11.Pradip Kumar Daw, Son of Shib Shankar Daw, Resident of Thana More Jharia, P.O. + P.S Jharia, District Dhanbad. 12.Bikram Kumar Himalaya, son of Rajesh Kumar, Resident of Vill+ P.O. Madar, District Khagaria. 13.Ram Naresh Paswan, son of Shiwan Paswan, Resident of Village Baruna, P.O. Dharara, P.S. Ariyari, Shokhpura

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(Munger) 14.Deepak Kumar Singh, son of Ashish Kr. Singh, Resident of Vill + P.O. + P.S-Nawagachhia, District- Bhagalpur. 15.Yudhishthir Rajak, son of Sri Hublal Rajak, Resident of Village-Kunji, P.O. Ramnagar Garh, P.S. Mahuda, District-Dhanbad. 16.Sunanda Singh, daughter of Prbhanjan Singh, Resident of Village Domgarh, P.O. & P.S. Sindri, District- Dhanbad. 17.Dina Nath Singh son of Sri Ramdas Singh, Resident of Village Nunudih No.2, P.O. Jeetpur, P.S. Jorapokhar, District-Dhanbad.

… … Petitioner(s) Versus 1.State of Jharkhand. 2.Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. Dhurwa, P.S-Jagarnathpur, District-Ranchi. 3. Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. Dhurwa, P.S-Jagarnathpur, District- Ranchi. 4. Regional Deputy Director of Education, North Chotanagpur Division, Hazaribag, P.O. & P.S. Hazaribagh, District Hazaribagh. 5.Deputy Commissioner cum Chairman, District Education and Establishment Committee, Dhanbad, P.O & P.S.-Dhanbad, District-Dhanbad. 6.The District Superintendent of Education, Dhanbad, P.O & P.S.-Dhanbad, District-Dhanbad. 7.Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Project Building, P.O. Dhurwa, P.S- Jagarnathpur, District-Ranchi. 8.Under Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Project Building, P.O. Dhurwa, P.S- Jagarnathpur, District-Ranchi.

… … Respondents with W.P. (S) No. 6184 of 2019 ---- Puspalata Murmu, aged about 37 years, wife of Devanand Besra, resident of Bypass Gidni Pahadi, P.O.

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Dumka, P.S. Dumka, District Dumka.

… … Petitioner(s) Versus 1.State of Jharkhand through its Principal Secretary, Department of Home, Prisons and Disaster Management, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 2.Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 3. Director General-cum-Inspector General of Police, Jharkhand, having its office at Police Headquarters, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 4. Inspector General of Police, (Provisions), Jharkhand, having its office at Police Headquarters, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 5.Deputy Inspector General of Police (Personnel), Jharkhand, having its office at Police Headquarters, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 6.Deputy Inspector General of Police, Dumka, having its office at Dumka, P.O. and P.S Dumka and District Dumka, Jharkhand. 7.Superintendent of Police, Godda, having its office at S.P. office, Godda, P.O. and P.S. Godda and District Godda, Jharkhand. … … Respondents

------- CORAM : HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioners : M/s. Mahesh Tewari, Manoj Tandon,

Ritu Kumar, Bhanu Kumar, Kundan Kumar Ambastha, Saurav Arun, Sanjay Kumar Pandey, Anil Kumar Singh, Binod Kumar, Abhijeet Kumar Singh, Satish Kumar Deo, Arshad Hussain, Rajendra Prasad, Aashish Kumar, Gopal Nand Mishra, Abhishek Kumar Dubey, Vikas Kumar, Neha

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Bhardwaj, Sneha Kumari, Diksha Kumari, Sanat Kumar Jha, Harsh Chandra, Advocates.

For the Respondents: Mr. Sachin Kumar, Addl. A.G.-II Mr. Ashok Kumar Yadav, G.A.-I Mr. Om Prakash Tiwari, G.P.-III Mr. Mithilesh Singh, G.A.-IV Mr. Suchendra Prasad, G.P.-IV Mr. Kishore Kumar Singh, S.C.-VI Mr. Suresh Kumar, S.C.(L&C)-II Mr. Munna Lal Yadav, S.C.(L&C)-III Mr. Indranil Bhaduri, S.C.-IV Mr. Vishal Kumar Rai,

A.C. to G.A.-IV Ms. Varsha Ramsisaria,

A.C. to G.P.-V Mr. Awanish Shekhar,

A.C. to A.A.G.-I Mr. Aditya Raman, A.C. to G.A.III Mr. Ravi Prakash Mishra,

A.C. to A.A.G.-II Mr. Ashwini Bhushan,

A.C. to Sr. S.C.-III Mr. Mihir Kunal Ekka,

A.C. to S.C.-III Mr.Rajesh Kumar Singh,

A.C. to S.C.(L&C)-II Mr. Deepak Kumar,

A.C. to S.C. (L&C)-III Mr. Gaurang Jadodia,

A.C. to S.C.-I Mr. Ashit Ranjan, A.C. to S.C.-III

---------

-------- ORAL JUDGMENT Order No. 10: Dated 10thMay, 2022

Learned counsel for the parties have brought to the notice of this Court that all the writ petitions are having similar cause of action and as such the writ petitions were directed to be heard together and, thus, are being disposed of by this common order.

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Further prayer has been made for quashing letter dated 01.06.2015 issued under the signature of respondent no. 2, by which letter dated 26.02.2015 was clarified to the extent that letter dated 26.02.2015 will have retrospective effect i.e., the degree granted by Hindi Vidhyapith, Deoghar even before issuance of this letter is not recognized for any purpose. 3. The facts, leading to filing of these writ petitions, are that the Hindi Vidyapith, Deoghar was given recognition by the erstwhile State of Bihar since 1948. The degree of ‘Sahitya Alankar’ granted by Hindi Vidyapith, Deoghar made equivalent to graduation for all purpose including

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for the purpose of appointment, promotion in government service.

The erstwhile State of Bihar time to time issued various office orders for recognition of the degree granted by Hindi Vidyapith, Deoghar. One such notification was issued by the erstwhile State of Bihar vide office order as contained in letter dated 11.01.1991, by which, the degree granted by Hindi Vidyapith, Deoghar was recognized for all purpose including for the purpose of promotion and appointment in government job, as would appear from Annexure 1 to the writ petition no. 3115 of 2015.

It is the case of the writ petitioners that after bifurcation of the erstwhile State of Bihar, the successor State of Jharkhand through the Department of Personnel, Administrative Reforms and Rajbhasha recognized the degree granted by Hindi Vidyapith, Deoghar for all purposes including for the purpose of appointment and promotion in government jobs, as would be evident from letter dated 03.11.2003 issued by the State of Jharkhand, Annexure 2 to the Writ Petition No. 3115 of 2015.

The writ petitioners, having passed their secondary examination from Bihar School Examination

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Board, Patna and Higher Secondary from Bihar Intermediate Education Council, Patna, did graduation from Hindi Vidyapith, Deoghar, i.e., ‘Sahitya Alankar’, which is equivalent to degree of graduation granted from any other University recognized by University Grants Commission, New Delhi.

It is the case of writ petitioners that they applied for appointment to the post of Para Teacher/Teacher and after going through the selection process, they were appointed on the post of Para Teacher/Teacher and started to discharge their duties, but the State of Jharkhand all of a sudden came with letter dated 26.02.2015 issued under the Signature of Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Ranchi, whereby it was decided that the State of Jharkhand will not recognize the degree of ‘Praveshika’ (equivalent to Matriculation), ‘Sahitya Bhushan’ (equivalent to Intermediate) and ‘Sahitya Alankar (equivalent to Graduation) w.e.f. 26.06.2014 and letter No. 6063 dated 3.11.2003 issued recognizing these degree is withdrawn forthwith. Subsequently, respondent no. 2 issued another letter dated 01.06.2015 in clarification of letter dated 26.02.2015 that the degree granted by Hindi Vidyapith,

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Deoghar even before issuance of letter dated 26.02.2015 is not recognized for any purpose including appointment, promotion etc. in government service.

The petitioners, being aggrieved with letter dated 26.02.2015 as also letter dated 01.06.2015 issued under the signature of respondent no. 2, approached before this Court invoking the jurisdiction conferred on this Court under Article 226 of the Constitution of India on the ground that once the institutions has been recognized by virtue of order passed by the erstwhile State of Bihar vide letter dated 11.01.1991 and thereafter the candidates have appeared and obtained degree of graduation i.e., ‘Sahitya Alankar’ in different subjects, as such the State of Jharkhand, after bifurcation, cannot be allowed to come out with different decisions, which is detrimental to the fate of the petitioners.

It has been submitted that once the degree has been obtained by virtue of decision of the State Government i.e., by granting recognition to the institution by taking decision as contained in letter dated 11.01.1991, the degree obtained in consequence of such recommendation cannot be allowed to be questioned by the successor State of Jharkhand by issuing impugned decisions/orders.

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basis of certificate of Sahitya Alankar granted by Hindi Vidyapith, Deoghar were saved and as such applying the said ratio in the facts of this case herein also decision was taken vide impugned decisions/orders. Therefore, the impugned orders passed by the State-authority is required to be interfered with by quashing and setting it aside.

Learned counsel for the petitioners further submit that the order passed by Full Bench of Patna High Court in Ramashankar Patel (supra) was affirmed by Hon’ble Apex Court in Special Leave Petition (Civil) Diary No(s). 6359 of 2021. 5. Mr. Sachin Kumar, learned A.A.G. II appearing for the State of Jharkhand has defended the order passed by the respondents-authorities, as has been impugned in these writ petitions, but so far as the issue having been decided by the Patna High Court in Ramashankar Patel (supra) is concerned and dismissal of S.L.P. being Special Leave Petition (Civil) Diary No(s). 6359 of 2021 by the Hon’ble Apex Court has not been disputed. However, question of applicability of Full Bench Judge of Patna High has been raised.

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The petitioners have tried to make out a case showing validity of the certificate issued by the Hindi Vidyapith, Deoghar basis of such submission is issuance of circular/letter/order dated 11.01.1991, copy of which is appended as Annexure 1 to the writ petition. It is evident from the aforesaid order, which has been issued by Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar whereby and whereunder the degree of ‘Praveshika’ has been made equivalent to Matriculation; ‘Sahitya Bhushan’ has been made equivalent to Intermediate; and ‘Sahitya Alankar has been made equivalent to Graduation.

In the cases at hand, petitioner after doing ‘Sahitya Alankar’ from Hindi Vidyapith, Deoghar obtained government jobs and started to discharge their duties on their respective posts. But, all of a sudden the State- authority has come out with an order as contained in letter dated 26.02.2015 issued under the signature of respondent no. 2-Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of

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Jharkhand, whereby and whereunder equivalence of the degree which was granted in pursuance to order dated 11.01.1991 i.e., ‘Praveshika’, ‘Sahitya Bhushan’ and ‘Sahitya Alankar’ have been made equivalent to Matriculation, Intermediate and Graduation respectively, was recalled w.e.f. 26.06.2014 by recalling decision as contained in letter no. 6063 dated 03.11.2003. Subsequent to the issuance of the aforesaid letter, the State of Jharkhand has again come out with another communication dated 01.06.2015 issued under the signature of respondent no. 2, by which decision was taken to the effect that the recognition of the degree issued by the Hindi Vidyapith, Deoghar w.e.f. 26.06.2014 has been cancelled and such degrees having been issued by Hindi Vidyapith, Deoghar will not have recognition. Further decision was taken also to the effect that such certificate will have no validity even such certificate has been issued prior to 26.06.2014.

The writ petitioners, being aggrieved with the aforesaid decisions are before this Court by filing these writ petitions relying upon the Full Bench judgment of Patna High Court in Ramashankar Patel (supra) deciding the similar issues.

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There is no dispute that the order passed by the different High Courts is not having binding precedence upon another High Court. Even though the order passed by different High Court is having no binding effect, but order passed by the different High Courts is having the persuasive value for coming to a conclusion, taking into consideration the facts of the case, as such it is required to first dealt with the facts of both the cases.

Reference in this regard be made to the judgment rendered in Pradip J. Mehta v. Commissioner of Income Tax, Ahmedabad [(2008) 14 SCC 283], wherein at paragraph 23, it has been held as under :- “23. Although, the judgments referred to above were cited at the Bar in the High Court, which were taken note of by the learned Judges of the Bench of the High Court, but without either recording its agreement or dissent, it answered the two questions referred to it in favour of the Revenue. Judicial decorum, propriety and discipline required that the High Court should, especially in the event of its contra view or dissent, have discussed the aforesaid judgments of the different High Courts and recorded its own reasons for its

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contra view. We quite see the fact that the judgments given by a High Court are not binding on the other High Court(s), but all the same, they have persuasive value. Another High Court would be within its right to differ with the view taken by the other High Courts but, in all fairness, the High Court should record its dissent with reasons therefor. The judgment of the other High Courts, though not binding, have persuasive value which should be taken note of and dissented from by recording its own reasons.”

This Court, in order to consider the persuasive value of the judgment, is of the view that the requirement is to see the factual aspects of the judgment of the Patna High Court vis-à-vis the factual aspects involved in this case, so as to see as to whether the factual aspects of the given case is similar to the factual aspect of the judgment passed by the Full Bench of Patna High Court. 9. This Court, therefore, before entering into the legality and propriety of the impugned decision of the State-authority, deems it fit and proper to go through the judgment rendered by Full Bench of Patna High Court, wherefrom following facts/conclusions are derived: (I).The matter was placed before the Full Bench due to divergent view of the Court in the matter, as such in order to resolve the issues the learned Single Judge vide order dated 20.03.2017 passed in C.W.J.C. No.

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11255 of 2016, ordered to place the matter before the Full Bench for its consideration.

For ready reference, order dated 20.03.2017 passed in C.W.J.C. No. 11255 of 2016 is reproduced as under:

“Heard learned counsel for the petitioners and the State.

The petitioners have moved the Court being aggrieved by non-consideration of their casefor promotion to B.A. Trained Scale. The petitioners have the degree of Sahitya Alankar from Hindi Vidyapeeth, Deogarh which is claimed to be equivalent to graduate degree. Learned counsel for the petitioners submitted that being equivalent, such degree has to be recognized for the purposes of promotion also, since based on such degree, they have got post graduate degree from Nalanda Open University which is the University of the State Government. Learned counsel has also drawn the attention of the Court to the circular of the Personnel and Administrative Reforms Department dated 11.01.1991 by which Sahitya Alankar from Hindi Vidyapeeth, Deogarh has been made at par with B.A. degree with the rider that it should be with English. Learned counsel submitted that even a Division Bench of this Court in L.P.A. No. 11 of 2014 (Dr.Amresh Thakur Vs. The State of Bihar &Ors.) dated 27.01.2016 as well as L.P.A. No. 460 of 2014 (Binod Kumar Vs.The State of Bihar &Ors.) dated 19.08.2016 has held that a person having Sahitya Alankar degree on the basis of which he had achieved higher qualification, shall be considered for the purpose of giving promotion to B.A./Graduate Trained Scale. Learned counsel also referred to a coordinate Bench judgment dated 03.05.2016 passed in C.W.J.C. No. 4401 of 2013 (Chandra Bhushan Pd. Singh &Ors. Vs. The State of Bihar &Ors.) for the same proposition.

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Learned counsel for the State submitted that all the orders passed, including that by the Division Benches, have not taken into consideration the earlier order passed by a Division Bench in C.W.J.C. No. 13836 of 2012 (Murlidhar Singh &Ors. Vs. the State of Bihar &Ors.) dated 27.11.2012, where it has been held that for the purposes of employment or promotion the qualification of Sahitya Alankar from Hindi Vidyapeeth, Deogarh cannot be taken into consideration. Learned counsel submitted that the said view was also expressed by this Court in earlier decisions of this Court in the cases of State of Bihar vs. MamtaKumari reported as 2010 (4) PLJR 318 and Poonam Sharma vs. State of Bihar reported as 2012(1) PLJR 226. It was submitted that the Court in the said decision has referred to various articles of the Bihar Education Code as well as provisions of the Bihar Taken Over Elementary School Teachers’ Promotion Rules, 1993, which subsequent judgments have not considered.

In view of the aforesaid, in the opinion of this Court, the subsequent judgments of this Court relied upon by learned counsel for the petitioners, having not considered/noticed the earlier Division Bench judgment of this Court in the case of Murlidhar Singh &Ors. (supra), and also taking into account the fact that subsequently the Government has also clarified the situation by categorically holding that Sahitya Alankar from Hindi Vidyapeeth, Deogarh shall not be recognized as equivalent to graduate degree in Notification No. 5267 dated 08.04.2016 of the General Administration Department, the matter is referred to a Larger Bench for considering the issue.

Accordingly, the matter be placed before Hon’ble the Chief Justice for being heard by a Full Bench.”

(II).The petitioners, in those cases, were appointed as Assistant Teachers and obtained certificate of Sahityalankar from Hindi Vidyapeeth, Deoghar at the

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relevant time of their appointment, which was treated equivalent to graduation degree and moved the Court being aggrieved by non-consideration of their case for promotion to B.A. Trained Scale. (III).The petitioners relied upon the notification no. 541 dated 11.01.1991 issued by the General Administration Department, Govt. of Bihar by which the State of Bihar declared and granted permanent equivalence to the degree of Sahityalankar awarded by Hindi Vidyapeeth, Deoghar as equivalent to graduation in Arts. (IV).The Successor State of Bihar came with notification dated 08.04.2016, whereby earlier departmental order as contained in memo dated 11.01.1991 was cancelled w.e.f. 07.05.2012 w.e.f. the issuance of judgment passed in Reeta Srivastava (supra) dated 07.05.2012, and it was declared that the appointments made on the basis of different certificates awarded by Hindi Vidyapith, Deoghar prior to said date shall remain unaffected.

For ready reference, notification dated 08.04.2016 is reproduced as under:

^^fcgkj ljdkj lkekU; iz’kklu foHkkx AA vf/klwpuk AA

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iVuk& 15] fnukad 8-4-2016 i=kad&3@,e0&15@2015 lk0iz0 5267@lkekU; iz’kklu foHkkx ¼rRdkyhu dkfeZd ,oa izf’k{k.k foHkkx½ ds vkns’k Kkikad&8@vkj0 1&303@84 dk0&541 fnukad&11 tuojh] 1991 }kjk ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa] ;Fkk&izosf’kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj ¼Lukrd ds led{k½ dks Øe’k% eSVªhd] vkbZ0,0 ,oa ch0,0 ds led{k dfri; 'krksZa ds v/khu ekU;rk iznku dh x;h FkhA 2- fgUnh fo|kihB nso?kj }kjk iznRr ^^lkfgR;kyadkj** dh mikf/k dh ekU;rk ds laca/k esa lh0MCyw0ts0lh0 la0&13343@2011 esa fnukad&07-05-2012 dks ekuuh; mPp U;k;ky;] iVuk }kjk ikfjr U;k;kns’k ds voyksdu ls Kkr gksrk gS fd ekuuh; mPp U;k;ky; us u dsoy lkfgR;kyadkj dh mikf/k dh ekU;rk ds laca/k esa viuk fopkj j[kk gS] cfYd dsUnzh; fgUnh funs’kky; }kjk fuxZr fnukad&05-05-1998 ds izsl uksV ds vk/kkj ij LoSfPNd laLFkkuksa }kjk iznRr lfVZfQdsV] fMxzh ,oa fMIyksek dh mikf/k dks gkbZ Ldwy] bUVjehfM,V vFkok ch0,0 ds led{k ugha ekuk gSA vr% ekuuh; mPp U;k;ky; dh mi;qZDr U;k;kns’k dk lkfgR;kyadkj dh mikf/k ds lkFk&lkFk izosf’kdk ,oa lkfgR;Hkw"k.k dh mikf/k ds vk/kkj ij izkIr ukSdjh ,oa izksUufr ij iM+us okys izHkko ,oa Hkfo"; esa blds vk/kkj ij jkT; esa ljdkjh lsok esa fu;qfDr vFkok izksUufr dk iz’u ljdkj ds le{k fopkjk/khu FkkA 4- f’k{kk foHkkx] rRdkyhu ekuo lalk/ku foHkkx }kjk fcgkj jkT; ds izkjafHkd ,oa ek/;fed@mPprj ek/;fed fo|ky;ksa esa f’k{kdksa ds fu;kstu gsrq fMxzh@mikf/k;ksa dh ekU;rk rFkk led{krk ds laca/k esa fuxZr vkns’k Kkikad Øe’k% 3152 fnukad 25-08-2008 ,oa 1346 fnukad&27-08-2008 }kjk fgUnh fo|kihB] nso?kj }kjk iznRr izosf’kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dh mikf/k;ksa dks izkjafHkd@ek/;fed ,oa mPprj ek/;fed fo|ky;ksa esa f’k{kd fu;kstu gsrq iwoZ esa gh vekU; ?kksf"kr fd;k tk pqdk gSA 5- mi;qZDr of.kZr rF;ksa ,oa lh0MCyw0ts0lh0 ua0&13343@2011 esa ekuuh; mPp U;k;ky; iVuk }kjk ikfjr fnukad&07-05-2012 ds leqfDr;ksa ¼Observation½ ,oa U;k;kns’k ds vkyksd esa leqfpr fopkjksijkar fgUnh fo}kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa dh ekU;rk laca/kh foHkkxh; vkns’k Kkikad&8@vkj01&303@84dk0&541 fnukad&11 tuojh] 1991 dks mDr U;k;kns’k dh frfFk vFkkZr~ fnukad&07-05-2012 ls fujLr fd;k tkrk gSA mDr frfFk ls iwoZ fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa ds vk/kkj ij dh x;h fu;qfDr@izksUufr ij bldk dksbZ izHkko ugha iM+sxkA fcgkj jkT;iky ds vkns’k ls ¼vf’ouh nRrk=s; Bkdjs] Hkk0iz0ls0½ ljdkj ds vij lfpo

Kki la[;k&3@,e0&15@2015 lk0iz0 5267@iVuk&15] fnukad 8-4-2016

izfrfyfi%&v/kh{kd] lfpoky; eqnz.kky;] xqytkjckx] iVuk@E- Gazette dks"kkax] foRr foHkkx] fcgkj] iVuk dks fcgkj jkti= ds vlk/kkj.k vad esa izdk’kukFkZ izsf"krA ¼vf’ouh nRrk=s; Bkdjs] Hkk0iz0ls0½ ljdkj ds vij lfpo Kki la[;k&3@,e0&15@2015 lk0iz0 5267@iVuk&15] fnukad 8-4-2016

izfrfyfi%&lHkh foHkkx@lHkh foHkkxk/;{k@lHkh izeaMyh; vk;qDr@lHkh

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ftyk inkf/kdkjh@fcgkj yksd lsok vk;ksx@fcgkj deZpkjh p;u vk;ksx@fcikMZ] okfYe] iVuk dks lwpukFkZ ,oa vko’;d dkjZokbZ gsrq izsf"krA ¼vf’ouh nRrk=s; Bkdjs] Hkk0iz0ls0½ ljdkj ds vij lfpo

(V).Subsequently, the successor State of Bihar came with notification dated 24.08.2017 wherein it was decided that appointments made in between 07.05.2012 and 08.04.2016 shall remain unaffected, the same is reproduced as under:

fcgkj ljdkj lkekU; iz’kklu foHkkx AA vf/klwpuk AA iVuk& 15] fnukad 24-8-2017 i=kad&3@,e0&15@2015 lk0iz0 10878@lkekU; iz’kklu foHkkx ¼rRdkyhu dkfeZd ,oa izf’k{k.k foHkkx½ ds vkns’k Kkikad&8@vkj0 1&303@84 dk0&541 fnukad&11 tuojh] 1991 }kjk ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa ;Fkk&izosf’kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj ¼Lukrd ds led{k½ dks Øe’k% eSVªhd] vkbZ0,0 ,oa ch0,0 ds led{k dfri; 'krksZa ds v/khu ekU;rk iznku dh x;h FkhA 2- fgUnh fo|kihB nso?kj }kjk iznRr lkfgR;kyadkj dh mikf/k dh ekU;rk ds laca/k esa lh0MCyw0ts0lh0 la0&13343@2011 esa fnukad&07-05-2012 dks ekuuh; mPp U;k;ky;] iVuk }kjk ikfjr U;k;kns’k ds vuqikyu esa foHkkxh; vf/klwpuk Kkikad&5267 fnukad 08-04-2016 }kjk fuEukafdr fu.kZ; vf/klwfpr fd;k x;kA lh0MCyw0ts0lh0 ua0&13343@2011 esa ekuuh; mPp U;k;ky; iVuk }kjk ikfjr fnukad&07-05-2012 ds leqfDr;ksa ¼Observation½ ,oa U;k;kns’k ds vkyksd esa leqfpr fopkjksijkar fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa dh ekU;rk laca/kh foHkkxh; vkns’k Kkikad&8@vkj0 1 303@84 dk0 541 fnukad&11 tuojh] 1991 dks mDr U;k;kns’k dh frfFk vFkkZr~ fnukad&07-05-2012 ls fujLr fd;k tkrk gSA mDr frfFk ls iwoZ fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa ds vk/kkj ij dh x;h fu;qfDr@izksUufr ij bldk dksbZ izHkko ugha iM+sxkA 3- mDr fu.kZ; ds laca/k esa dfri; foHkkxksa ls fnukad 07-05-2012 ds iwoZ fgUnh fo|kihB] nso?kj }kjk iznRr fofHkUu mikf/k;ksa ds vk/kkj ij fnukad 07- 05-2012 ls vf/klwpuk fuxZr fd;s tkus dh frfFk 08-04-2016 ds chp dh x;h fu;qfDr@izksUufr ds laca/k esa Li"V fn’kk funs’k miyC/k djkus dk vuqjks/k izkIr gqvkA 4- izklafxd ekeys esa fo}ku egkf/koDrk }kjk fn;s x;s ijke’kZ dk dk;Zdkjh va’k fuEuor gS

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“Thus in my opinion, the clause simply means that appointments/promotions made/given on the basis of certificates issued by Hindi Vidyapeeth, Deoghar prior to 07.05.2012 until the issuance of the notification by the G.A.D. dated 08.04.2016 shall not be affected.

This also makes clear that no further appointments/promotions can be given on the basis of certificates granted by Hindi Vidyapeeth, Deoghar treating it equivalent to Matric, I.A. and B.A.” 5- vr% lE;d fopkjksijkar Li"V fd;k tkrk gS fd ^^fgUnh fo}kihB] nso?kj }kjk fnukad&07-05-2012 ls iwoZ iznRr mikf/k;ksa ds vk/kkj ij fnukad 07-05- 2012 ls vf/klwpuk Kkikad&5207 fnukad&08-04-2016 fuxZr gksus ds chp ¼vFkkZr~ fnukad 08-04-2016 rd½ dh x;h fu;qfDr@izksUufr mDr vf/klwpuk ls vizHkkfor jgsxhA ijUrq fnukad 08-04-2016 ds i'pkr~ mDr mikf/k;ksa ds vk/kkj ij dksbZ fu;qfDr@izksUufr ugha dh tk ldsxhA fcgkj jkT;iky ds vkns’k ls ¼ jktsUnz jke½ ljdkj ds vij lfpo Kki la[;k&3@,e0 15@2015 lk0iz0 10878@iVuk&15] fnukad 24-8-2017

izfrfyfi%&izHkkjh inkf/kdkjh] bZ&xtV dks"kkax] foRr foHkkx] fcgkj] iVuk dks fcgkj jkti= ds vlk/kkj.k vad esas izdk’kukFkZ izsf"krA ¼ jktsUnz jke½ ljdkj ds vij lfpo Kki la[;k&3@,e0&15@2015 lk0iz0 10878@iVuk&15] fnukad 24-8-2017

izfrfyfi%&lHkh foHkkx@lHkh foHkkxk/;{k@lHkh izeaMyh; vk;qDr@lHkh ftyk inkf/kdkjh@fcgkj yksd lsok vk;ksx@fcgkj deZpkjh p;u vk;ksx@fcikMZ@ckfYe] iVuk dks lwpukFkZ ,oa vko’;d dkjZokbZ gsrq izsf"krA ¼ jktsUnz jke½ ljdkj ds vij lfpo

It is evident that by virtue of notification issued by the successor State of Bihar dated 08.04.2016 wherein it has been decided that any appointment or promotion made on the basis of certificates issued by Hindi Vidyapith, Deoghar prior to 07.05.2012 shall not be affected, but, the subsequent notification dated 24.08.2017, which was by way of

- 54 -

clarification clarifying that any appointment made on the basis of degree obtained prior to 07.05.2012, between 7.05.2012 and 08.04.2016 shall remain unaffected. (VI).The aforesaid decision was considered by the Full Bench of Patna High Court and by giving thoughtful consideration of the admitted position that the citation of Sahitya Alankar has been recognized as Graduation vide notification dated 11.01.1991 and the Patna High Court in the case of Reeta Srivastava (supra) decided on 07.05.2012 had declared that the degree of Sahity Alankar issued by Hindi Vidyapith, Deoghar cannot be taken a valid degree and recognized degree for appointment on the post of Panchayat Teachers but prior to that for the first time on 27.08.2008 the State Government issued circular by which the equivalence/validity Sahityalankar as equivalent to graduation has been taken away and came to the conclusion that the aforesaid circulars dated 08.04.2016 and 24.08.2017 of the Government of Bihar have in fact created anomalous situation since notification dated 08.04.2016 has been issued referring to the decision of the learned Single Judge of Patna High Court in the case of Reeta Srivastava

- 55 -

(supra) on 07.05.2012, which clearly states that the Education Department has already declared the ‘Praveshika’ ‘Sahitya Bhushan’ and Sahityaalankar certificates of Hindi Vidyapeeth, Deoghar invalid vide memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008 for the purpose ofappointment in the Elementary and Secondary/Higher SecondarySchools in the matter of appointment of Teachers. Vide notification dated 08.04.2016 the earlier departmental ordercontained in memo dated 11th January, 1991 was cancelled w.e.f. the date of judgment i.e. 07.05.2012 and it was declared that the appointments made on the basis of different certificates awarded by the Hindi Vidyapeeth, Deoghar prior to thesaid date shall remain unaffected.

Thus, the Full Bench of Patna High Court has found that the appointments made till 07.05.2012 on the basis of certificates awarded by Hindi Vidyapeeth, Deoghar before 25.08.2008 were saved. (VII).The Full Bench further hold that the subsequent notification dated 24.08.2017 was issued with an intention to save the appointments/promotions granted between 07.05.2012 and 08.04.2016 on the

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basis of the degree awarded by Hindi Vidyapeeth, Deoghar prior to 07.05.2012. (VIII).It was further hold that the notification dated 08.04.2016 clearly provides that the appointments made prior to 07.05.2012, on the basis of the certificates granted by Hindi Vidyapeeth, Deoghar shall not get affected. Further the notification dated 08.04.2016 did not extend the validity of the certificates granted after 25.08.2008. The notification vide Memo No. 3152 dated 25.08.2008 and Memo No. 1346 dated 27.08.2008 had already declared the certificates granted by Hindi Vidyapeeth, Deoghar invalid for the purpose of teachers appointment but when the notification dated 24.08.2017 was issued, paragraph ‘3’ of the said notification was couched in different words without referring to the Memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008.

The Full Bench considered the same to be purposely avoided as both the notifications are of the same General Administration Department, Government of Bihar and in this background the notification dated 24.08.2017 has been issued saying that the appointments made and promotions granted between 07.05.2012 and 08.04.2016 on the basis of

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the certificates granted by Hindi Vidyapeeth, Deoghar prior to 07.05.2012 shall remain unaffected. The last notification of the General Administration Department has, thus, done two things by ignoring the order as contained in Memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008 issued by the Education Department, Government of Bihar. The first consequence of it is that now they have granted validity to the certificates issued by Hindi Vidyapeeth, Deoghar from 25.08.2008 till 06.05.2012 and secondly they have validated the appointments made on the basis of those certificates after 07.05.2012 till 08.04.2016. Such conclusion has been arrived at on the basis of judgment of Division Bench rendered in the case of Sanjay Kumar & Ors Vs. The State of Bihar &Ors [2009(4) PLJR 1038], wherein it was declared that the notifications issued by the Education Department as well as the Administration Department cannot betaken differently because the notifications issued by one Department or the other in the name of Governor is a notification by the Government and come to the conclusion that the subsequent notification dated 08.04.2017 has in fact undone the effect of the memo dated 25.08.2008 and 27.08.2008

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issued by the Human Resources Development Department. (IX).The Full Bench of Patna High Court, in view of the aforesaid discussions, has come to final conclusion that there is no conflict of opinion in the two sets of cases which have been referred by the learned Single Judge in the case of Mamta Kumari (supra), Poonam Sharma (supra) and Murlidhar Singh (supra) were rendered in a totally different fact situation. Further, the judgment of the Hon’ble Division Bench of this Court in the case of Dr. Amaresh Thakur (supra) and Binod Kumar (supra) even though does not refer the earlier judgments of the learned co-ordinate Bench, they have been rendered in respect of the petitioner(s) who had acquired higher qualification. These two judgments are, therefore, not in conflict with the earlier judgments on the subject. Accordingly, the reference was answered by Full Bench of Patna High Court. (X).The Full Bench, after answering the reference instead of remitting the matter to the learned Single Judge, at the request of learned counsel for the parties heard the matter and disposed of holding that “in terms of the notification of the General Administration

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Department as contained in Memo No. 541 dated 11th January, 1991 the Sahityaalankar certificate had got equivalence to the graduation at least prior to 25.08.2008, therefore, those writ petitioners who obtained their Sahityalankar degree from Hindi Vidyapeeth, Deoghar prior to 25.08.2008 would come within the framework of the notification dated 11th January, 1991 and shall be entitled for consideration for promotion to B.A. (Trained) Scale.” 10. Herein, it would be relevant to mention that the aforesaid judgment was affirmed by Hon’ble Apex Court in S.L.P. being Special Leave Petition (Civil) Diary No(s). 6359 of 2021. 11. It is evident that the Full Bench of the Patna High Court has considered the effect of circulars/orders issued on 08.04.2016 and 24.08.2017. The notification dated 08.04.2016 has been issued by which the earlier departmental order as contained in order dated 11.01.1991 was cancelled w.e.f. 7.05.2012, i.e., the date of judgment passed in Reeta Srivastava (supra). Further, notification dated 24.08.2017 was issued with an intention to save appointment/promotion granted between 7.5.2012 to 8.04.2016 on the basis of degree awarded by Hindi Vidyapity, Deoghar prior to 7.5.2012.

- 60 -

- 61 -

For ready reference, letters dated 11.01.1991 and 03.11.2003 are reproduced hereunder as: Letter dated 11.01.1991: fcgkj ljdkj dkfeZd ,oa iz'kklfud lq/kkj foHkkxA

vkns'k vk0 la[;k&8 vkj1&303@84 dk0 541@iVuk&15] fnukad 11 tuojh 91-

fo"k; %&ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa ;Fkk&izosf'kdk] lkfgR; Hkw"k.k ,oa lkfgR;kysdj dks Øe'k% eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k LFkk;h ekU;rkA

dkfeZd ,oa iz'kklfud lq/kkj foHkkx ds vkns'k la[;k&184 fnukad 7 tuojh 1987 }kjk fgUnh fo|kihB] nso?kj }kjk iznLr mikf/k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k] lkfgR;kysdkj dks Øe'k% eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k ekU;rk dk foLrkj 31-12-1987 rd fd;k x;k FkkA vc jkT; ljdkj }kjk HkyhHkkafr fopkjksijkUr fgUnh fo|kihB] nso?kj }kjk iznRr mijksDr mikf/k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k rFkk lkfgR;kysdkj dks eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k fuEukafdr 'kRrksZ ds v/khu LFkkbZ ekU;rk iznku dh tkrh gSA Ø0 la[;k dk uke ijh{kk dk uke led{k ijh{kk vfHk;qfDr

1 2 3 4 1 fgUnh fo|kihB] nso?kj lsdsUMªh Ldwy ijh{kk&o'kRrsZ fd ;k eSfVªdqys'ku 1 mEehnokjksa us vaxzsth dks viuk ,d fo"k; cuk;k gks

ch0,0 Hkkx&1 ;k vkbZ0,0 ds led{k 2 fo|kihB ls mlh Lrj dh dsoy vaxzsth dh ijh{kk mRrh.kZ gks vFkok

3 os fdlh ifjfu;r Hkkjrh; fo'ofo|ky; ;k cksMZ ls leku Lrj dh dsoy vaxzsth dh ijh{kk vFkok vaxzsth okrkZyki] jpuk rFkk la{ksi. izslhl

jkbZfVax esa ml Lrj dh ;ksX;rk iznk;h tkap esa mRrh.kZ gks ftl Lrj dh vk'kk fcgkj ds ifjfu;r fo'ofo|ky; dh ;k

fcgkj fo|ky; ijh{kk cksMZ dh vuqlkjh ijh{kkvksa esa mRrh.kZ mEehnokjksa ls dh tkrh gSA

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v'kksd dqekj pkS/kjh

ljdkj ds lfpoA

Kkikad&8 vkj1&303@84 dk0 501@iVuk&15] fnukad 11 tuojh 91-

izfrfyfi&ljdkj ds lHkh foHkkxk/;{k@lHkh ftyk inkf/kdkjh@f'k{kk ea=ky;] Hkkjr ljdkj ubZ fnYyh ,oa laca/k laLFkkvksa ds fuca/ku dks tkudkjh ,oa vko';d dkjZokbZ ds fy, vxzlkfjr

v'kksd dqekj pkS/kjh ljdkj ds lfpoA

Letter dated 03.11.2003: i= la[;k&7@fo0 fo0 ik0&5013@2001 dk0 6063@ >kj[k.M ljdkj] dkfeZd] iz’kklfud lq/kkj rFkk jktHkk"kk foHkkxA izs"kd] Jh fuR; 'kadj eq[kksik/;k; ljdkj ds mi lfpoA

lsok esa] ljdkj ds lHkh foHkkxA lHkh foHkkxk/;{kA lHkh mik;qDrA

jk¡ph] fnukad&03-11-03

fo"k;% & ljdkjh lsokvksa esa fu;qfDr gsrq fgUnh fo|kihB] nso?kj }kjk nh tkus okyh mikf/k;ksa ;Fkk&izosf’kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dks Øe’k% eSfVªd] vkbZ0 ,0 ,oa ch0 ,0 ds led{k LFkk;h ekU;rk ds lEcU/k esaA egk’k;]

funs’kkuqlkj mi;ZqDr fo"k; ds lEcU/k esa dkfeZd ,oa iz’kklfud lq/kkj] fcgkj] iVuk }kjk izpkfjr i= la[;k&8@vkj0&303@84 dk0 541 fnukad 11-01-91 dh izfrfyfi layXu djrs gq, dguk gS fd mDr ifji= >kj[k.M jkT; esa ykxw gSA

fo’oklHkktu]

gLrk{kj

03-11-03

ljdkj ds mi lfpo mi 7@fo0 fo0 ik0&5013@2001 dk0 6063@jk¡ph] fnukad 03-11-03 izfrfyfi% & f’k{kk ea=ky; Hkkjr ljdkj] ubZ fnYyh ,oa lacaf/kr laLFkkvksa ds fuca/kd dks vko’;d dkjokbZ gsrq vxzlkfjrA gLrk{kj

03-11-03

ljdkj ds mi lfpo

- 63 -

It is, thus, evident that the decision which was taken by erstwhile State of Bihar through Education Department vide order dated 09.01.1991 was adopted by the State of Jharkhand by virtue of decision as contained in letter dated 03.11.2003, as quoted above. (II).The State of Jharkhand, thereafter, has come out with decision as contained in communication dated 26.02.2015 whereby it was decided that the State of Jharkhand will not give recognition to the degree of ‘Praveshika’ (equivalent to Matriculation), ‘Sahitya Bhushan’ (equivalent to Intermediate) and ‘Sahitya Alankar (equivalent to Graduation) w.e.f. 26.06.2014 recalling letter No. 6063 dated 3.11.2003 by which these degree were recognized.

For ready reference, letter dated 26.02.2015 is reproduced hereunder as:

izs"kd]

,l0 ds0 'kriFkh

ljdkj ds iz/kku lfpoA

lsok esa]

lHkh vij eq[; lfpo@iz/kku lfpo@lfpo]

lHkh foHkkxk/;{k@ize.Myh; vk;qDr@mik;qDr

>kj[k.M A

jk¡ph] fnukad 26 Qjojh 2015

fo"k;%& mi;qZDr fo"k;d foHkkxh; i=kad 6063 fnukad&03-11-2003 ds }kjk dkfeZd ,oa iz'kklfud lq/kkj foHkkx] fcgkj] iVuk ds i= la[;k 8@vkj&303@84 dk0 541 fnukad 11-01-1991 tks fgUnh fo|kihB] nso?kj }kjk vnr mikf{k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dks

- 64 -

Øe'k% eSafVªd] vkbZ0,0 ,oa ch0,0 ds led{k ekU;rk nsus ls lEcfU/kr gS dks >kj[k.M jkT; esa ykxw jgus dk funs'k lalwfpr fd;k x;k FkkA

jkT; ljdkj ds }kjk lE;d fopkjksijkUr fgUnh fo|kihB] nso?kj }kjk fn;s tkusokyh mikf/k;ksa ;Fkk izosf'kdk] lkfgR;Hkw"k.k ,oa lkfgR;kyadkj dh Øe'k% eSfVªd] vkbZ0,0 ,oa ch0,0 ds led{k LFkk;h ekU;rk dks fnukad 26-06-2014 ds izHkko ls lekIr djrs gq, foHkkxh; i=kad&6063 fnukad 03-11-2003 dks foyksfir djus dk fu.kZ; fy;k x;k gSA bl Øe esa Li"V djuk gS fd fgUnh fo|kihB] nso?kj }kjk iznr mDr fo"k;d fdlh Hkh fMxzh@izek.k&i= dks vcls fdlh Hkh fu;qfDr@izksUufr ds fy, ekU;rk ugha nh tk;sxhA

fo'oklHkktu] ,l0 ds0 'kriFkh

(III).Subsequently, respondent no. 2 issued another letter dated 01.06.2015 in clarification of letter dated 26.02.2015 to the effect that the degree granted by Hindi Vidyapith, Deoghar even before issuance of letter dated 26.02.2015 is not recognized for any purpose including appointment, promotion etc. in government service.

For ready reference, the letter dated 01.06.2015, Annexure 9 to the writ petition, is reproduced herein below:

i=kad & 6 uhfr& 07&14 dk0 >kj[k.M ljdkj dkfeZd] iz’kklfud lq/kkj rFkk jktHkk"kk foHkkx 4786

izs"kd]

jkgqy dqekj

ljdkj ds voj lfpoA

lsok esa]

lHkh vij eq[; lfpo@iz/kku lfpo@lfpo

lHkh foHkkxk/;{k@ize.Myh; vk;qDr@mik;qDr

>kj[k.M

jkaph fnukad 01@6@15

fo"k; %& ljdkjh lsok esa fu;qfDr@izksUufr gsrq fgUnh fo|kihB] nso?kj }kjk fn;s tkusokys mikf/k;ksa dh LFkk;h ekU;rk lekIr djus ds funs’k ds lEcU/k esa Li"Vhdj.kA

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egk’k;]

mi;qZDr fo"k;d foHkkxh; i=kad& 1863 fnukad & 26-02-2015 ds }kjk fu.kZ; fy;k x;k gS fd fgUnh fo|kihB nso?kj }kjk nh tkusokyh mikf/k;ksa dh ekU;rk fnukad & 26-06-2014 ds izHkko ls lekIr dh tkrh gS ,oa lanfHkZr fdlh Hkh fMxzh@izek.k i= dk vc ls fdlh Hkh fu;qfDr@izksUufr ds fy, ekU;rk ugha nh tk;sxhA

bl lanHkZ esa fofHkUu L=ksr ls bl fcUnq ij Li"Vhdj.k dh vis{kk dh tk jgh gS fd fnukad 26-06-14 ds iwoZ fgUnh fo|kihB] nso?kj }kjk fuxZr fdlh Hkh fMxzh@izek.k i= dh ekU;rk fu;qfDr@izksUufr ds fy, nh tk;sxh vFkok ughaA

2- dkfeZd foHkkx ds }kjk fuxZr mDr ladYi ds }kjk fuEukafdr fu.kZ; lalwfpr gS %&

¼d½ fgUnh fo|kihB] nso?kj }kjk nh tkusokyh mikf/k;ksa dh ekU;rk fnukad 26-06-2014 ds izHkko ls lekIr dh tkrh gSA

¼[k½ fgUnh fo|kihB] nso?kj }kjk iznr fdlh Hkh fMxzh@izek.k i= dh vc ls fdlh Hkh fu;qfDr@izksUufr ds fy, ekU;rk ugha nh tk;sxhA

funs'kkuqlkj bl laca/k esa ;g Li"V fd;k tkrk gS fd fnukad 26-06- 2014 ds ckn fdlh Hkh ljdkjh fu;qfDr vFkok izksUufr ds fy, fgUnh fo|kihB] nso?kj ds }kjk iznr 'kS{kf.kd izek.k i= dh ekU;rk ugha gS] pkgs mDr izek.k i= fnukad 26-06-2014 ds iwoZ gh D;ksa ugha fuxZr fd;s x;s gksA fo’oklHkktu ¼jkgqy dqekj½ ljdkj ds voj lfpoA

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dated 08.04.2016, whereby earlier departmental order as contained in memo dated 11.01.1991 was cancelled w.e.f. 07.05.2012 w.e.f. the date of the passing of judgment rendered in Reeta Srivastava (supra) dated 07.05.2012, and it was declared that the appointments made on the basis of different certificates awarded by Hindi Vidyapith, Deoghar prior to said date shall remain unaffected. 16. This Court, on the basis of communication dated 26.2.2015 has found that the validity of the certificate issued by the Hindi Vidyapith, Deoghar on the basis of order dated 11.01.1991 will be said to be valid up-to 26.6.2014 for two-fold reasons; firstly, the degree obtained by one or the other candidates has been recognized vide order dated 11.01.1991 basis upon which one or the other candidates obtained degree of ‘Praveshika’, ‘Sahitya Bhushan’ and ‘Sahitya Alankar’ equivalent to Matriculation, Intermediate and Graduation respectively; and secondly, the erstwhile State of Bihar has been bifurcated in two States by Bihar Re- organization Act, 2000 w.e.f. 15.11.2000, the appointed day, the State of Jharkhand has come out with notification as contained in letter no. 6063 dated 03.11.2003, in view of provision of Section 85 of the Bihar Re-organization Act by adopting the decision of the

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erstwhile State of Bihar dated 11.01.1991, therefore, there is no dispute about the fact that once the State of Jharkhand has adopted the decision of the erstwhile State of Bihar as contained in order dated 11.01.1991 by virtue of departmental letter no. 6063 dated 03.11.2003 by the State of Jharkhand, the validity which was granted by virtue of order dated 11.01.1991 of erstwhile State of Bihar will have its affect up-to 26.06.2014, as per the decision of the State of Jharkhand dated 26.02.2015. 17. The question has been raised that when the Government has taken a decision to recall the decision as contained in letter no. 6063 dated 3.11.2003 by which the decision by virtue of order dated 11.01.1991 of the State of Bihar has been adopted, whether the State- authority can be allowed to implement with retrospective effect 26.02.2014 vide communication dated 26.02.2015. 18. This Court has found that such objection of retrospective application of the government decision by way of executive instruction cannot be said to be unfounded rather the position of law is settled and clear that the issue of retrospective so far it relates to effectiveness of rule is concerned, the same can well be implemented with retrospective effect but subject to such

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provision if expressly provided in the statute but the principle is not applicable so far executive instruction is concerned, as has been held by Hon’ble Apex Court in the case of P. Mahendran and Ors. vs. State of Karnataka and Ors., (1990) 1 SCC 411, wherein at paragraph-5 it has been held which reads as hereunder: “5. It is well settled rule of construction that every statute or statutory rule is prospective unless it is expressly or by necessary implication made to have retrospective effect. Unless there are words in the statute or in the Rules showing the intention to affect existing rights the rule must be held to be prospective. If a rule is expressed in language which is fairly capable of either interpretation it ought to be construed as prospective only. In the absence of any express provision or necessary intendment the rule cannot be given retrospective effect except in matter of procedure.”

In another judgment rendered by Hon’ble Apex Court in K. S. Paripoornan vs. State of Kerala and Ors., (1994) 5 SCC 593, it has been held which reads as hereunder: “A substantive law is held to be prospective as a matter of legal policy since it is founded on public policy that no right be so created as to work to the disadvantage for whom it is created as it if be so, “it would be betrayal of what the law stands for. ”” (paras 91 to 93) 11. The Hon’ble Supreme Court in Kusumam Hotels Private Limited vs. Kerala State Electricity Board & Ors., (2008) 13 SCC 213 has held that the State is entitled to change its policy decision, however,

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all administrative orders ordinarily are to be considered prospective in nature. For giving it a retrospective effect, it must be stated so expressly or by necessary implication.

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or the State of Jharkhand, which are issued on different dates, as referred above. 21. This Court, therefore, is of the considered view that the order/judgment as has been passed by the Full Bench of Patna High Court, is required to be followed on the ground of similarity of facts and more particularly the entire facts rest upon Govt. Order which was issued by the erstwhile State of Bihar of the time when State was unified i.e. vide order dated 11.01.1991. Further, the State of Jharkhand also adopted the said decision dated 11.01.1991 by issuing order on 03.11.2003. 22. In view thereof, this Court held that the degree of ‘Praveshika’ ‘Sahitya Bhushan’ and ‘Sahitya Alankar has got equivalence to to Matriculation, Intermediate and Graduation, as decided vide order dated 11.01.1991 by the General Administration Department, Government of Bihar, which was adopted by the State of Jharkhand vide order dated 03.11.2003, and as sucyh, the validity of order dated 11.01.1991 will be effective up-to 26.02.2015. 23. The degrees issued by Hindi Vidyapith, Deoghar, are held to be vlaid up-to 26.02.2015.

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It is clarified that no benefit is to be given on the basis of degrees issued by the institution in question, Hindi Vidyapith, Deoghar, after 26.02.2015. 24. In consequence thereof, the petitioners are directed to approach before the respondents-authorities within a period of six weeks from the date of receipt of copy of this order for consequential benefit of promotion etc.

Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of individual writ petitioner preferably within a period of three months from the date of receipt/production of copy of this order.

Needless to say that if one or the other writ petitioners are found eligible, the benefits shall be granted within further period of three months from the date of such decision.

However, in case of any adverse decision, the same shall be communicated to the individual petitioner within the aforesaid period. 25. With the aforesaid observations and directions, the writ petitions stands allowed to the aforesaid extent.

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W.P. (S) No. 6100 of 2003 raising the grievance that qualification of Sahityalankar/Visharad should not be treated equivalent to Bachelor of Arts degree i.e. Graduation for the purpose of promotion of teachers on the post of Headmaster of Basic School, Lecturer in Primary Teacher’s Training College, Block Education Extension Officer, which belongs to Subordinate Education Service. The petitioners being aggrieved with letter no. 6063 dated 03.11.2003 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand approached this Court for quashing the same which has granted equivalence to such degree adopting such circular issued by the erstwhile State of Bihar dated 11.01.1991. 29. Counter affidavit was filed by the respondents-State wherein relying upon the judgment passed in Reeta Srivastava vs. State of Bihar &Ors with analogous cases [(2012) (3) PLJR 353] by Patna High Court, that qualification of Sahityalankar degree issued by Hindi Vidyapith, Deoghar is not equivalent to graduation. 30. In view of such specific stand of the State, learned Single Judge observed that the grievance of the petitioner has thus redressed.

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order dated 03.11.2003, at least up-to 26.02.2015 and shall come within the framework of order dated 11.01.1991 as adopted by the State of Jharkhand vide letter dated 03.11.2003 up-to 26.02.2015, we are of the view that impugned order passed by learned Single Judge requires interference by this Court. 36. Accordingly, order dated 19.09.2014 passed in W.P.(S) No. 6100 of 2003 passed by learned Single Judge is quashed and set aside. 37. In consequence thereof, the appellants are directed to approach before the respondents-authorities within a period of six weeks from the date of receipt of copy of this order for consequential benefit of promotion etc.

Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of individual writ petitioners-appellants preferably within a period of three months from the date of receipt/production of copy of this order.

Needless to say that if one or the other writ petitioners are found eligible, the benefits shall be granted within further period of three months from the date of such decision.

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However, in case of any adverse decision, the same shall be communicated to the individual petitioners- appellants within the aforesaid period. 38. With the aforesaid observations and directions, the instant intra-court appeal stands disposed of. L.P.A. No. 614 of 2016 39. The instant intra-court appeal, under Clause 10 of the Letters Patent, has been preferred by the petitioner- appellant against order/judgment dated 14.07.2016 passed in W.P.(S) No. 1945 of 2015 by the learned Single Judge, whereby and whereunder prayer for issuance of direction upon the respondents-authorities to fix pension at revised scale and make payment for arrears of salary as also the benefit under 2nd ACP on account of completion of 24 years of continuous service and for payment of consequential monetary benefits was denied on the ground that the petitioner had obtained the degree of graduation from Hindi Vidyapith, Deoghar, which is no more recognized by the State of Jharkhand. 40. The facts of the case, in brief, is that the petitioner, who was appointed as Revenue Clerk on 16.04.1984 in Circle Office, Sarwan, District Deoghar superannuated from service on 31.10.2009.

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It is the case of the writ petitioner-appellant that one Government Circular was issued on 26.10.2012 by the Department of Finance, Government of Jharkhand, whereby it was decided that Intermediate qualified Karamchari shall be entitled to basic salary of Rs. 5000- 8000/- of Circle Officer-cum-Kanungo on account of 1st ACP and those who are graduate shall be entitled to get basic salary of Rs. 6500-10,500 of Assistant Settlement Officer on account of 2nd ACP benefit made effective up-to 31.08.2008, to which, the petitioner fulfils but the benefit under 2nd ACP was not extended to him, therefore, he approached before the authorities concerned to extend such benefit but did not evoke any response.

Aggrieved thereof, the petitioner approached this Court invoking writ jurisdiction of this Court conferred under Article 226 of the Constitution of India for redressal of his grievance.

The learned Single Judge taking into consideration the educational certificates, which were brought on record by the petitioner, held that since the petitioner has obtained the degree from Hindi Vidyapeeth, Deoghar, which the petitioner claims to be equivalent to Graduation but the degrees/certificates of Hindi Vidyapeeth, Deoghar are no more recognized by the State

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of Jharkhand, the petitioner cannot get benefit of the decision of the State Government dated 26.10.2012, and thereby dismissed the writ petitioner, against which, the present intra-court appeal has been preferred. 41. Heard learned counsel for the parties, perused the documents available on record as also finding recorded by learned Single Judge and finding arrived by this Court in the preceding paragraphs. 42. Since this Court has already held that the degree of ‘Praveshika’ ‘Sahitya Bhushan’ and ‘Sahitya Alankar has got equivalence to Matriculation, Intermediate and Graduation, as decided vide order dated 11.01.1991 by the General Administration Department, Government of Bihar, which was adopted by the State of Jharkhand vide order dated 03.11.2003, at least up-to 26.02.2015 and shall come within the framework of order dated 11.01.1991 as adopted by the State of Jharkhand vide letter dated 03.11.2003 up-to 26.02.2015, we are of the view that impugned order passed by learned Single Judge requires interference by this Court. 43. Accordingly, order dated 14.07.2016 passed in W.P.(S) No. 1945 of 2015 passed by learned Single Judge is quashed and set aside.

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Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of individual writ petitioners-appellants preferably within a period of three months from the date of receipt/production of copy of this order.

Needless to say that if one or the other writ petitioners are found eligible, the benefits shall be granted within further period of three months from the date of such decision.

However, in case of any adverse decision, the same shall be communicated to the individual petitioners- appellants within the aforesaid period. 45. With the aforesaid observations and directions, the instant intra-court appeal stands disposed of.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Alankar/ A.F.R.