THE STATE OF JHARKHAND THROUGH ITS SECRETARY, ROAD CONSTRUCTION DEPARTMENT v. AMIT KUMAR
LPA/37/2025 · 2026-01-20
Rajesh Shankar
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2129 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2129 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 37 of 2025 The State of Jharkhand and Another ... ... ... Appellants
Versus Amit Kumar … … … … … … ... Respondent
---------
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJESH SHANKAR
--------- For the Appellants: Mr. Rajiv Ranjan, Advocate General
Mr. Piyush Chitresh, A.C. to A.G.
Mr. Aditya Kumar, A.C. to Sr. S.C.-I
--------- 09/Dated: 11.03.2026
1. The respondent’s parents died in a road accident on 11th December 2001. His father was an Executive Engineer in the Public Construction (Road and Buildings) Department of the State of Jharkhand at the time of the unfortunate demise. 2. Since 2001, the respondent has been pursuing the issue of death- cum-retiral benefits on account of the demise of his father. Finally, the learned Single Judge ordered the payment with costs, vide judgment and order dated 13th May 2024. Even though there was no interim relief, the Government did not comply with the direction and pay the amount awarded to the respondent. The appeal was filed after a 167-day delay. Finally, the delay was condoned, but the appeal was dismissed. Considering that the respondent had not received any amount since 2001, directions were issued to pay or at least deposit the entire amount in this Court within four weeks. The matter was kept on the 10th of March 2026 for reporting compliance. 3. On the 10th of March 2026, the learned counsel for the State submitted that there was no compliance, because the State had decided to file an SLP before the Hon’ble Supreme Court. Page 2 of 3
4. Though it is the right of the State to prefer an SLP, directions of the Court, which have not been complied with since the 13th of May 2024, cannot be flouted on this ground, unless any interim relief is obtained. The State had more than a reasonable time to file the SLP and obtain interim relief. The SLP is yet to be filed in the matter. 5. Therefore, on the 10th of March 2026, we requested the learned counsel for the State to convey our anguish to the learned Advocate General and posted the matter on the 11th of March 2026. 6. On the 11th of March 2026, i.e. today, the learned Advocate General appeared in the matter. He submitted that the directions issued by this Court in the order dated 13th of May 2024 have been substantially complied with, except for the cost of Rs. 5.00 Lakhs, and the interest portion has not been paid yet to the respondent.
He submitted that the cost portion of Rs. 5.00 Lakhs will be deposited with the Registrar of this Court within a week from today. Even the payments towards interest will be deposited into this Court within a maximum of four weeks from today. This would be without prejudice to question this Court’s orders. 7. We accept these statements and direct the State authorities to act in accordance with them. 8. Learned Advocate General submitted that the amounts which the State will now deposit in this Court may not be disbursed to the respondent until the outcome of the State’s SLP. 9. The State is yet to file the SLP. Therefore, we cannot accept the learned Advocate General’s request in its entirety. However, we direct that, once the amounts are deposited, if no interim/final order
restraining payment is produced within six weeks, the Registry must transfer the deposited amounts to the respondent’s bank account in terms of the details to be furnished by the learned counsel for the respondent. The learned counsel for the respondent-writ petitioner must provide such details within two weeks from today. 10. In order that the respondent is not once again required to approach this Court, we direct the Secretary, Road Construction Department, Government of Jharkhand, to file a status report in this Court regarding the compliance of the directions contained in the
order dated 13th of May 2024 and deposit of the costs and interest components in this Court. Such a compliance report must be filed by the 15th of April 2026.
11. Post this matter for considering the compliance report on the 20th of April 2026, ‘High on Board’.
(M. S. Sonak, C.J.)
(Rajesh Shankar, J.) March 11, 2026 Manoj/ Sharda/Cp.2