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Jharkhand High Court
(1)A. Bulbul Aged 44 Years vs The State Of Jharkhand on 15 April, 2026
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2026:JHHC:10613
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7091 of 2016
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(1)A. Bulbul aged 44 years, D/o S.S. Isar Ahmad Sabri, residing at
Ghaffar Colony, New Azad Nagar, Bhuli Road, P.O. Bhuli, P.S. Bank
More, District Dhanbad.
(1)B. Syed Samad Sabri aged 40 years S/o late S.S. Isar Ahmad
Sabri R/o Eidggah Road Near Azad Nagar P.O/P.S Bhuli Dist.
Dhanbad .... .... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Project Bhawan, Dhurwa,
P.O. and P.S. Dhurwa, District Ranchi.
3. The Deputy Commissioner, Dhanbad, P.O., P.S. and District
Dhanbad.
4. The District Superintendent of Education, Dhanbad, P.O., P.S. and
District Dhanbad.
5. The Head Master, Middle School, Putki, P.O. and P.S. Putki,
District Dhanbad
6. The Treasury Officer, Dhanbad, P.O., P.S. & District Dhanbad.
7. The Accountant General, Jharkhand, Ranchi, P.O. Doranda, P.S
Doranda, District Ranchi .... .... Respondents
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioners : Mr. Jay Shankar Tiwary, Advocate
For the State : Mr. Navneet Toppo, Advocate
For Accountant General : Mr. Sudarshan Shrivastav, Advocate
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16/Dated: 15.04.2026
1. The instant writ petition is under Article 226 of the Constitution
of India seeking therein for the following reliefs: -
(i) "For issuance of appropriate writ(s), order(s),
and/or direction(s) including writ in the nature of
certiorari for quashing the order contained in
Memo No.2267 dated 13.09.2014 by which 10%
of the pension and gratuity has been withheld
contrary to the order passed by this Hon'ble Court
in W.P.(S) No.7620 of 2012 dated 29.10.2013;
(ii) For issuance of appropriate writ(s), order(s),
and/or direction(s) including writ in the nature of
Mandamus directing the respondents to
immediately and forthwith make payment of full
pension and gratuity and salary for the period
6.6.2003 to 9.06.2003 and also for providing
revised 6th Pay scale w.e.f. 1.1.2006 and
consequentially revise the pension of the
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petitioner after providing the same."
2. As per the facts of the case, the writ petitioner, namely, S.S.
Isar Ahmad Sabri, the deceased employee, has been convicted
in a criminal case but released on probation for one year in
connection with S.T. No.557 of 2004. Subsequent thereto, the
order passed in S.T. No.557 of 2004 has been stayed by this
Court in Cr. Appeal (SJ) No.1046 of 2009.
3. As per the order as contained in Memo No.2267 dated
13.09.2014, 10 per cent gratuity and pension was withheld.
The Coordinate Bench of this Court, while hearing the matter
on 08.05.2025, has passed some direction as available in
paragraph-4 thereof, for ready reference, the entire order dated
08.05.2025 passed in W.P.(S) No.7091 of 2016 is being
referred as under: -
"The grievance of the petitioners are that due to
pendency of one criminal case 10% pension
and 10% gratuity was withheld and as per
Annexure-2, it appears that the same shall be
paid subject to the final outcome of criminal
case.
2. Learned counsel for the petitioner submits
that in the criminal case the petitioner was
released on probation for one year and the said
order passed in S.T. Case No. 557 of 2004 has
already been stayed by this Court in Criminal
Appeal (SJ) No. 1046 of 2009. Even otherwise,
the order of withholding 10% gratuity and
pension was not in accordance with law.
3. Learned counsel for the respondent-State
submits that as per telephonic instruction
unless and until the daughter of the deceased-
employee will not submit requisite papers, he
will not disburse the money.
4. Having regard to the aforesaid facts and after
going through the order passed in W.P.(S) No.
7620 of 2012 and also settled proposition of law
the 4th respondent shall sent the representative
from his office to the resident of the petitioner to
get sign on the necessary paper and pay the
amount which has been withheld before the
next date of hearing, failing which the action of
the 4th respondent shall be taken seriously by
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the Court. Mr. Navneet Toppo, learned counsel
appearing for the respondent-State has
submitted that in pursuant to the order dated
08.05.2025 passed by the Coordinate Bench of
this Court, one supplementary counter affidavit
has been filed, wherein, it has been stated
particularly at paragraph-8 that for acceptance
of full pension/gratuity of Late S.S. Isar Ahmed
Sabri, Retired Headmaster, Middle School,
Putki, Dhanbad, the pension form, and other
necessary records have been sent to the office
of the Accountant General, Ranchi, as per the
covering letter dated 18.09.2025.
5. List this case on 30.07.2025."
4. Mr. Navneet Toppo, learned counsel appearing for the
respondent-State has submitted that in pursuant to the order
dated 08.05.2025 passed by the Coordinate Bench of this
Court, one supplementary counter affidavit has been filed,
wherein, it has been stated particularly at paragraph-8 that for
acceptance of full pension/gratuity of Late S.S. Isar Ahmed
Sabri, Retired Headmaster, Middle School, Putki, Dhanbad, the
pension form and other necessary records have been sent to
the office of the Accountant General, Ranchi as per the
covering letter dated 18.09.2025.
5. Mr. Sudarshan Shrivastav, learned counsel representing the
Accountant General has submitted that the copy of the said
affidavit since has not been served to him and as such, he is
not in a position to apprise with respect to further status in
pursuant to the documents sent to the Office of the Accountant
General, vide letter dated 18.09.2025.
6. He, however, has submitted by assuring that if the pension
paper has not been finalized, the same will be finalized within
the period of four weeks.
7. This Court, considering the aforesaid submission, is hereby,
disposing of the instant writ petition with a direction upon the
respondent-State, as also, the respondent-Accountant General
to issue authority slip within four weeks from today.
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8. Learned counsel appearing for the respondent-State has
undertaken before this Court that the entire amount of
difference of pensionary benefit and other consequential
benefits shall be released within the further period of eight
weeks.
9. With the aforesaid directions, the instant writ petition stands
disposed of.
10. The copy of the order will be brought into the notice of the
concerned respondent-State, as also, the Office of the
Accountant General within a week by the petitioners.
(Sujit Narayan Prasad, J.)
15.04.2026
Rohit/-
