AWDHESH KUMAR VERMA v. STATE OF JHARKHAND THRO THE SECRETARY, THRO THE SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT
Court: High Court of Jharkhand
Bench: HON'BLE DR. JUSTICE S. N. PATHAK
Judgment date:
Case summary
High Court of Jharkhand judgment dated 2024-12-11. AWDHESH KUMAR VERMA v. STATE OF JHARKHAND THRO THE SECRETARY, THRO THE SECRETARY, SCHOOL EDUCATION AND...
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 6491 of 2024 ---------- 1. Awadhesh Kumar Verma, aged about 50 years, son of Tiplal Mahto, resident of Village Barmasiya, P. O. Siyatanr, P. S. Jamua, Bengabad, Dist. - Giridih 2. Sadhan Kumar Mandal, aged about 44 years, son of Shyamapada Mandal, resident of Village Bhelatand, P. O. Jangalpur, P. S. -Govindpur, Dist. - Dhanbad 3. Ramanand Mahto, aged about 48 years, son of Gokul Mahto, resident of Paraspani, P. O. Paraspani, P. S. & Dist. -Godda 4. Dilip Kumar Modak, aged about 44 years, son of Srikant Modak, resident of Tundi, P. O. & P. S. Tundi, Dist. -Dhanbad 5. Birju Sharma, aged about 48 years, son of Munshi Sharma, resident of MG 3B Area 06, near Kali Mandir, P. O. & P. S. Maithon, Dhanbad, Dist. - Dhanbad 6. Babu Lal Sahu, aged about 50 years, son of late Indra Sahu, resident of Village Harkhudih, P. O. Chhotkikharagdiha, P. S. Bengabad, Dist. -Giridih 7.
Manoj Kumar Giri, aged about 51 years, son of Jagdish Chandra Giri, Gosaindih, Post K. G. Ashram, P. S. Govindpur, Dist. -Dhanbad 8. Tijendra Kumar, aged about 47 years, son of Ram Ayodhya Singh, resident of Regional Hospital Colony, Village Tisri, P. O. & P. S. Tisri, Dist. -Giridih 9. Navin Kumar Sinha, aged about 49 years, son of Sadanand Prasad, resident of Dhuraita (Maheshraidih), Mirzaganj, P. O. & P. S. Jamua, Dist. - Giridih 10. Yogendra Nath Singh, aged about 48 years, son of Ganesh Lal Singh, resident of Belgariya, Post Balani, P. S. Baniapur, Rajput Tola, Dist. Dhanbad 11. Ajay Kumar, aged about 43 years, son of late Dhalchand Mahto, resident of Village Naitand, P. O. Khurchutta, P. S. Bengabad, Dist. -Giridih 12. Mahadev Mandal, aged about 43 years, son of Subal Chandra Mandal, resident of House No. 61, Village Bhelatand, P. O. Jangalpur, P. S. Govindpur, Dist. -Dhanbad 13. Mantu Narayan Dev @ Deo, aged about 48 years, son of Rajnarayan Dev @ Deo, resident of Jiyotol, P. O.
Gadi Nawadiha, P. S. Jamua, Chorkatta, Dist. -Giridih 14. Pran Kisto Mandal, aged about 41 years, son of Chandra Mandal, resident of Purnadih, P. O. Keshka, P. S. Tundi, Dist. -Dhanbad ………… Petitioners Versus 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, having its office at Project Building, P. O. & P. S. Dhurwa, Dist. -Ranchi 2. Director, Primary Education, School Education & Literacy Department, Government of Jharkhand, having its office at Project Building, P. O. & P. S. - Dhurwa, Dist. -Ranchi 3. The Deputy Commissioner-cum-District Chairman, District Education Establishment Committee, Dhanbad, having its office at P. O. & P. S. Dhanbad, District Dhanbad 4. The Deputy Superintendent of Education-cum-Secretary, District Education Establishment Committee, Dhanbad, having its office at P. O. & P. S. Dhanbad, District-Dhanbad 5.
The Deputy Commissioner-cum-District Chairman, District Education Establishment Committee, Giridih, having its office at P. O. & P. S. Giridih, Dist. -Giridh 6. The Deputy Superintendent of Education-cum-Secretary, District Education Establishment Committee, Giridih, having its office at P. O. & P. S. Giridih, Dist. -Giridih 7. The Deputy Commissioner-cum-District Chairman, District Education Establishment Committee, Godda, having its office at P. O. & P. S. Godda, Dist. -Godda 8. The Deputy Superintendent of Education-cum-Secretary, District Education Establishment Committee, Godda, having its office at P. O. & P. S. Godda, Dist. -Godda ………… Respondents ------- CORAM: HON'BLE DR. JUSTICE S. N. PATHAK For the Petitioners : Mr. Rupesh Singh, Advocate Mr. Jagdeesh, Advocate Mr. Sudarshan Singh, Advocate For the Respondents : Mr. Apoorva Singh, AC to SC (M)-II ---------- 04/ 11. 12. 2024 Heard the parties. 2.
Petitioners have approached this Court for a direction upon the respondents particularly respondent No. 2 to consider the cases of the petitioners for Inter District Mutual Transfer in the light of Resolution No. 2093 dated 06. 08. 2019 as amended vide Notification No. 1556 dated 08. 06. 2024 whereby the Director Primary Education has been entrusted with the power and to grant permission for mutual Inter District Transfer of the Intermediate Trained Assistant Teachers on the ground of critical aliments, physical disability, female gender and other grave circumstances. 3. At the very outset, learned counsel for the petitioners submits that the issue involved in this writ petition has already been decided by this Court in W. P. (S) No. 851 of 2024 vide order dated 30. 04. 2024, and the cases of the petitioners are squarely covered by this order. Learned counsel for the petitioner further submits that this writ petition may also be disposed of in terms of the orders passed in W. P.
(S) No. 851 of 2024 granting similar benefits to this petitioner also. 4. On the other hand, learned counsel appearing on behalf of the respondents very fairly submits that this case is fully covered by the order passed by the this Court in W. P. (S) No. 851 of 2024. Learned counsel for the respondent has no objection if this writ petition is disposed of in terms of the order passed in W. P. (S) No. 851 of 2024. 5. In view of fair submissions of the learned counsel for the parties and considering the facts that similar issue has already been decided by this Court in W. P. (S) No. 851 of 2024 and since this writ petition is also covered by the said decision, the same is being disposed of in terms of orders passed therein. 6. Accordingly, in view of aforesaid judicial pronouncement, the case of the present petitioner should also be considered.
The respondents are directed to take a decision in this regard and if the cases of the petitioners are found to be same and similar to that of petitioners in W. P. (S) No. 851 of 2024, similar relief may be granted to the present writ petitioners also, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7. Resultantly, the writ petition stands disposed of. (Dr. S. N. Pathak, J. ) Rohit/-
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