Jharkhand High Court
Nihar Dhan vs The State Of Jharkhand on 8 August, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:22815
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.3266 of 2025
------
Nihar Dhan, S/o Late Joseph Dhan, R/o Village Changa Toli, P.O.
Lodhma, P.S. Karra, District Ranchi, Jharkhand. ... ... Petitioner
Versus
1. The State of Jharkhand.
2. Director, Primary Education, Government of Jharkhand, P.O. &
P.S. Dhurwa, District Ranchi.
3. District Superintendent of Education, Ranchi, P.O. Ranchi, P.S.
Kotwali, District Ranchi.
4. Area Education Officer, Angarha, P.O. & P.S. Angarha, District
Ranchi.
5. Head Master, Fatima Boy's Middle School, Hulhundu, P.O. & P.S.
Namkom, District Ranchi.
6. Principal Accountant General (A & E), Jharkhand, P.O. & P.S.
Doranda, District Ranchi.
... ... Respondents
------
CORAM : SRI ANANDA SEN, J
------
For the Petitioner(s) : Mr. Prabhash Kumar, Advocate
Mr. Manish Sharma, Advocate
For the Respondent(s): Mr. Ranjan Kumar, AC to Sr. AC-I
Mrs. Richa Sanchita, Advocate
Ms. Suman Roy, Advocate
------
03/ 08.08.2025
Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
2. By filing this writ petition, the petitioner prays to refix his
pension on the revised pay scale of Rs.4,500 - 125 - 7,000, in the
Grade Pay as per the recommendation made in terms of the 5 th Pay
Revision Committee Report w.e.f. 01.01.1996. He further prays to
refix his pension as the recommendation of 6th Pay Revision
Committee Report in the pay scale of Rs.9,300 - 34,800, in the Pay
Band of Rs.4,200/- w.e.f. 01.01.2006. He also claims entitlement for
the leave encashment which has not been paid to him.
3. This petitioner earlier filed W.P.(S) No.5777 of 2014 for
payment of post retiral dues. During pendency of the said writ
2025:JHHC:22815
petition, the post retiral dues of the petitioner had been paid, thus
the said writ petition was disposed of as having been rendered
infructuous.
4. The aforesaid fact clearly suggests that the petitioner is
entitled for the post retiral benefits, which in fact was paid. Now, the
petitioner prays for revision of the pension and payment of Earned
Leave encashment, which according to the petitioner is payable in
terms of the judgment passed by this Court and upheld by the
Hon'ble Supreme Court in the case of Mariyam Tirkey Vs. The
State of Jharkhand & Ors. reported in 2014 (1) JBCJ 465.
5. Learned counsel representing the petitioner submits that
the petitioner has already represented before the District
Superintendent of Education, Ranchi, but no action has been taken.
It is his contention that suffice it would be, if a direction is given to
the District Superintendent of Education, Ranchi to consider the
claim of the petitioner and pass an appropriate order on his
representation.
6. Learned counsel representing the respondent - State
submits that if the petitioner files a fresh representation annexing all
the documents, his case will be considered and an appropriate order
will be passed.
7. Considering the aforesaid submission, I direct the
petitioner to file a fresh representation along with all the documents
before the District Superintendent of Education, Ranchi, within a
period of four weeks.
8. If such representation is filed, the concerned respondents
will consider the case of the petitioner and will decide the same
2025:JHHC:22815
within a period of six weeks thereafter.
9. If any adverse order is passed against the claim /
representation of the petitioner, the reasons thereof should be
communicated to the petitioner.
10. The entire process must be concluded within twelve
weeks from the date of receipt of copy of this order along with the
representation of the petitioners.
11. With the aforesaid directions, this writ petition stands
disposed of.
(ANANDA SEN, J.)
Prashant. Cp-2
