Citation : 2026 Latest Caselaw 1965 Jhar
Judgement Date : 16 March, 2026
2026:JHHC:7129
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.1649 of 2026
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Sarulata Devi, wife of Late Mithu Mandal, resident of Village & P.O.
Lakhoriya, P.S. Sarwan, District Deoghar, Jharkhand.
... ... Petitioner
Versus
1. The State of Jharkhand, through Secretary, the Department of
Education & Literacy, (School Education & Literacy Department)
Project Bhawan, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi-4,
Jharkhand.
2. The Director, the Department of Education & Literacy, (School
Education & Literacy Department) Project Bhawan, Dhurwa, P.O.
& P.S. Dhurwa, District Ranchi-4, Jharkhand.
3. The District Commissioner, Jamtara, P.O. & P.S. Jamtara,
Jharkhand
4. The District Education Superintendent, Jamtara, P.O. & P.S.
Jamtara, Jharkhand
5. The Block Education Officer, Jamtara, P.O. & P.S. Jamtara,
Jharkhand
6. The Accountant General (A & E) A.G. Office Doranda, P.O. & P.S.
Doranda, District Ranchi, Jharkhand.
7. The Provident Fund Officer, Ranchi, A.G. Office Doranda, P.O. &
P.S. Doranda, District Ranchi, Jharkhand.
... ... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Shyam Sunder Pd. Kushwaha, Advocate
For the Respondent(s): Mr. Sunil Kr. Agarwal, Advocate Mr. Fahad Allam, Advocate
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02/ 16.03.2026
By filing this writ petition, the petitioner has prayed for
the following reliefs:-
"(I) To direct the respondents authorities to pay entire retiral dues like gratuity (part payment), Pension (part payment), leave Encashment, arrear, D.A., time bound promotion, group Insurance (part payment).
AND (II) Further be pleased to direct the respondents authorities to full payment of suspension
2026:JHHC:7129
period since 15.07.1988 to 01.11.1990 (27 months 16 days).
AND (III) Further be pleased to direct the respondents authorities to open the petitioner's husband freeze on salary increase/ban on pay rise since 28.08.1988 to 28.02.2004 about 16 years.
AND (IV) Further be pleased to direct to the respondent authorities different amount under various heads legitimately payable to the petitioner all retirement benefits on the date of his retirement with interest @ 18% per annum from the date of due to till date of its actual payment and within specified period."
2. Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3. It is the grievance of the petitioner that her husband, who
was working as "Headmaster" and superannuated on 29.02.2004,
from Primary School, Dharampur Circle, Narayanpur, District
Jamtara, had not been paid his entire retiral benefits i.e. Gratuity,
Pension, Dearness Allowance, Leave Encashment etc., rather the
same were paid in part.
3.1. The petitioner also claims that the salary of her husband
for the entire suspension period since 15.07.1988 to 01.11.1990,
also needs to be paid.
3.2. In para-14 and 15 of this writ petition, the petitioner has
delineated the details of retiral benefits and other benefits granted
2026:JHHC:7129
in favour of her husband and the other dues which her husband is
entitled to get. Para-14 and 15 reads as hereunder:-
"14. That it is humbly stated and submitted that after superannuation the petitioner's husband had got Rs.50,000/- (Fifty thousand rupees) as Group Insurance, at Rs.1,00,000/- (One lac rupees) as Gratuity and at present the petitioner has got 14,000/- (fourteen thousand rupees) per month as pension.
15. That it is humbly stated and submitted that the petitioner is entitled to entire retiral dues like gratuity (part payment), Pension (part payment), leave Encashment, arrear, D.A., time bound promotion, group Insurance (part payment), full payment of suspension period since 15.07.1988 to 01.11.1990 (27 months 16 days), freeze on salary increase/ban on pay rise since 28.08.1988 to 28.02.2004 about 16 years and different amount under various heads legitimately payable to the petitioner all retirement benefits on the date of his retirement with interest @ 18% per annum from the date of due to till date of its actual payment."
4. Learned counsel representing the petitioner submits that
the petitioner has filed a representation before the Deputy
Commissioner, Jamtara, and other officers, but it is her grievance
that the representations have not yet been disposed of.
5. Learned counsel representing the respondents submits
that the petitioner should approach the District Education
Superintendent, Jamtara, by filing a fresh representation, which will
be considered by the respondents.
2026:JHHC:7129
6. Considering the aforesaid submission, the petitioner is
directed to file a fresh representation before respondent No.4 - the
District Education Superintendent, Jamtara, within three weeks.
6.1. If any such representation is filed, the respondents will
consider the claim of the petitioner and decide the same, within four
weeks thereafter.
6.2. If it is found that any amount is found due after
preparation of a detailed calculation chart showing the amount
which, the husband of the petitioner was legally entitled to, the same
should be quantified and be disbursed to the petitioner within three
weeks thereafter.
6.3. If it is found from the records that the entire benefits have
been disbursed, the copy of the records or proof showing such
disbursement will be handed over to the petitioner.
7. With the aforesaid direction, this writ petition stands
disposed of.
(ANANDA SEN, J.)
16th March, 2026 Prashant. Cp-2
Uploaded on 19.03.2026
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