2025:JHHC:14317 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2196 of 2025 ------- RAM RUCHI SINGH, son of late Maharaj Singh, aged about 66 years, retired Headmaster, Rajyakrit +2 High School, Lapung, Ranchi, resident of Shiv Nagar, Hehal Road, Pirra, P.O. & P.S. Ratu, District Ranchi. ...… Petitioner Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of School Education and Literacy, Govt. of Jharkhand, MDI Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Director, Secondary Education, Department of School Education and Literacy, Govt. of Jharkhand, MDI Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 4. The District Education Officer, Ranchi, P.O. & P.S. Ranchi, District Ranchi. 5. The District Education Officer, Palamau, P.O. & P.S. Medninagar, District Palamau. 6. The Accountant General (A&E), Jharkhand, P.O. & P.S. Doranda, District Ranchi. …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. Deepak Kr. Prasad, Adv. For the Res. State : Mr. Rakesh Kr. Roy, AC to G.A.III ------- 02/Dated:08.05.2025 2025:JHHC:14317 2 1. The instant application has been preferred by the petitioner for following relief:- (i) For a direction upon respondent to release the full pension, gratuity as well as leave encashment of petitioner which was not paid to him till date in light of judgement rendered in the case of Kaushal Kishore Vrs. State of Jharkhand & Ors. [WP(S) No.3928/2022] order dated 13.09.2024 [Annexure-2] since no proceeding under Rule 43(c) of the Jharkhand Pension Rule has been initiated against him till date simply proceeding under Rule 43(b) of the Jharkhand Pension Rule is pending against the petitioner. (ii) For direction upon the respondents to pay the full pension, gratuity as well as leave encashment to petitioner with 10% interest thereupon from the date of entitlement to date of actual payment has been made since the same has been withheld without any proceeding under Rule 43(c) which is required to be initiated otherwise the respondents should have released the same. (iii) For direction upon the respondent to take decision to conclude the departmental proceeding initiated against the petitioner which was pending before the respondents since 2022 about three years whereas the petitioner was retired from the post of Headmaster, Rajyakrit +2 High School, Lapung, Ranchi on 31.03.2019. 2025:JHHC:14317 3 2. At the outset learned counsel for the petitioner submits that though the petitioner has retired way back in the year 2019, but his grievance has not yet been redressed by the respondent-authorities. He further submits that since the petitioner is duly entitled for the relief as prayed in the writ application; as such respondents may be directed to take a decision in the matter in accordance with law. 3. Learned counsel for the Respondents submits that since no counter affidavit has been filed till date, as such the instant writ application may be disposed of by directing the petitioner to file a fresh representation before the concerned respondent. 4. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by directing the 2nd Respondent to treat this writ application as representation and take a decision in the matter with regard to the claim made by the petitioner in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of a copy of this order. The petitioner is also directed to serve a copy of this writ application to the concerned Respondent at the earliest. It goes without saying that if the claim of the petitioner is found to be genuine then consequential benefits 2025:JHHC:14317 4 must be extended to the petitioner within a further period of Six weeks. 5. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A.s if any, also closed. (Deepak Roshan, J.) Fahim/-