2025:JHHC:13031 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1999 of 2025 --------- 1. Dr. Bani Sengupta aged about 79 years, daughter of Dhirendra Mohan Sengupta, resident of Sriram Para, P.O-Dumka P.S- Dumka Town, Dist.-Dumka (Jharkhand). 2. Dr. Chhaya Guha aged about 79 years, daughter of Subodh Chandra Guha, resident of Shovasree Uttar Shivachal Nag Mandir Road, Shiv Pahar, Dumka, Sonwadangal, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 3. Bishwanath Prasad Srivastava, aged about 77 years, son of Late Dineshwar Prasad Srivastava, resident of Gilan Para, Dumka, Sonwadangal, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 4. Dr. Priya Ranjan Sharan, aged about 76 years, son of Jagdishwari Sharan, resident of Nahar Park Police Line Road, Dumka, Sonwadangal, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 5. Murli Dhar Jha, aged about 82 years, son of Shakti Nath Jha, resident of Masjid Road, Dangalpara Sonwadangal, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 6. Smt. Shila Sarkar, aged about 80 years wife of Vishnu Charan Chaudhary, resident of Shiv Sundari Road, Sonwadangal, P.O & P.S- Dumka, Dist.-Dumka (Jharkhand). 7. Nagendra Kumar Thakur, aged about 83 years, son of Late Girja Mohan Thakur, resident of Landmark behind Puspanjali, Teachers colony, Village- Godda, P.O & P.S- Godda, District- Godda (Jharkhand). 8. Akhileshwar Prasad Singh, aged about 83 years, son of Late Saryu Sharan Singh, at present residing Flat No. 305, Ramawtar Residency, Boring Canal Road, Devi Mandir Anandpuri, P.O & P.S- Phulwari, District-Patna (Bihar). 9. Dr. Sudhakar Jha aged about 86 years, son of Late Tejnarayan Jha, resident of Prof. Colony, Chaiti Durga Mandir, Sakrugarh, P.O & P.S- Sahebganj, District-Sahebganj (Jharkhand). 10. Chandra Shekhar Jha, aged about 80 years son of Late Awadh Narayan Jha, resident of 666/5 Ward No. -10, Professor's Colony, Godda, P.O & P.S- Godda, District- Godda (Jharkhand). 11. Dr. Umesh Chandra Jha aged about 79 years, son of Late Jarab Lal Jha resident of Babu Para, Gyanda Cinema Road, P.O & P.S- Dumka, District- Dumka (Jharkhand). 12. Kishore Mohan Jha, aged 82 years, son of Late Prayag Dutta Jha, resident of 666/3, Ward No. 10, Professor's Colony, Godda, P.O & P.S- Godda, District- Godda (Jharkhand). 13. Dr. Ashwini Kumar Jha aged about 79 years son of Tejnarayan Jha, resident of Professor's Colony, Godda, Poreyahat, P.O & P.S- Godda (Jharkhand). 14. Gulab Sah aged about 76 years, son of Late Durga Sah, resident of 78 GH Ward No. -03, Routara, Godda, P.O & P.S- 2025:JHHC:13031 2 Godda Poreyahat, District- Godda (Jharkhand). 15. Rama Nand Jha aged about 74 years son of Kritya Nand Jha, resident of Gali No.-1, Lohiya Nagar, Godda, P.O & P.S-Godda, District-Godda (Jharkhand) ......Petitioners Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, office at Nepal House, Doranda, P.O & P.S Doranda, District -Ranchi (Jharkhand). 3. The Director, Department of Higher and Technical Education, Government of Jharkhand, office at Nepal House, Doranda, P.O & P.S Doranda, District - Ranchi (Jharkhand). 4. The Under Secretary Department of Higher and Technical Education, Government of Jharkhand, office at Nepal House, Doranda, P.O & P.S Doranda, District - Ranchi (Jharkhand). 5. The Vice-Chancellor, Sido Kanhu Murmu University, Dumka, P.O & P.S- Dumka, District- Dumka (Jharkhand). 6. The Registrar, Sido Kanhu Murmu University, Dumka, P.O & P.S- Dumka, District- Dumka (Jharkhand). .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Amresh Kumar, Advocate Ms. Arpita Sinha, Advocate For the Resp.-State : Mr. Ayush Deb, A.C. to G.P.-VI For the Resp. Nos.5&6 : Mr. Mithilesh Singh, Advocate Mr. Vishal Kr. Rai, Advocate --------- 02/Dated:- 30.04.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioners praying therein for the following reliefs: (i) For issuance of appropriate writ(s)/ order(s)/ and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents and directing them to immediately and forthwith shift the date of implementation of 7th pay revision from 01.04.2021 to 01.01.2016 in resolution Memo No. 306 dated 09.03.2022 for retired teachers of Ranchi University, who were retired before 01.01.2016 and pay revised pension with arrears with interest @ 12% per annum. (ii) For issuance of appropriate writ(s)/ Rule(s)/direction(s) particularly a writ in the nature of certiorari for quashing the resolution Memo No. 306 dated 09.03.2022 issued by 2025:JHHC:13031 3 Department of Higher and technical Education, Government of Jharkhand annexed as Annexure-1. (iii) For issuance of appropriate writ(s)/ order(s)/ and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents and directing them to immediately and forthwith pay revised pension with arrears as per 7th Pay Revision for the period 01-01-2016 to 31-03-2021 with interest @ 12% per annum. 3. At the outset, learned counsel for the petitioners as well as counsels for the State and University fairly submits that the issue involved in the instant writ application is fully covered by the judgment rendered by this Court in the case of Lilawati Akhaury & Ors. Vs. The State of Jharkhand & Ors. in W.P. (S) No. 5187 of 2022 with analogous cases, wherein the Coordinate Bench of this Court has held as under:- “13. Recently, the Hon'ble High Court of Madhya Pradesh at Indore vide its Judgments dated 20.02.2024, in the case of Dr. Sunil Holkar and another Vs. State of Madhya Pradesh and others in W.P. No. 3552 of 2024, has held in page-6 as under: “ ... ... ... Thereafter comes to the question of entitlement of interest over the arrears of pension. The interest over a particular monetary claim is ordinarily granted where it was found that the claim due under the law was wrongfully denied. Thus, just to compensate the petitioner for the financial loss owing to the devaluation of currency and the delayed grant of justice from the period of arising of cause till the grant of relief, Courts do grant interest.” 14. In view of specific averments made in paragraphs 8, 9 and 10 of the counter affidavit and in view of the admitted fact that the matter has already been approved by the Finance Department of the State and is pending approval of the Cabinet and the orders and Judgments passed in such matters, this Court find it fit to dispose of the matter with a direction to the respondents to do the needful. Since it has fairly been submitted that after approval from the Finance Department, the matter is awaiting Cabinet approval, suffice it would be to direct the respondent No. 2 to take all endeavor to get approval of the Cabinet for extending the benefits under 7th PRC with effect from 01.01.2016 with statutory interest @6% p.a. from the date it has fallen due till the date of actual payment. It is made clear, after approval of the Cabinet, the appropriate funds be released by the State to the Universities concerned for extending the benefits, as aforesaid. It is made clear that all the consequential benefits be also granted to the petitioners as per their entitlement with statutory interest @ 6% per annum from the date it fell due till the date of actual payment, within a period of eight weeks thereafter. Needless to say, the State and the University shall do the needful in coordination with each other within a reasonable period of time and the benefits be extended to the old/ ailing petitioners at the 2025:JHHC:13031 4 earliest so that they may be able to get fruits of pension revision in their life time.” 4. Learned counsels for the respective respondents submit that the instant writ application may be disposed of in the line of the aforesaid judgment. 5. Having regard to the fair submissions of learned counsels for the rival parties, the instant writ application is also disposed of in the line of finding given in the case of Lilawati Akhaury (supra) in W.P. (S) No. 5187 of 2022 with analogous cases and accordingly, the 2nd Respondent is directed to take action to get approval of the Cabinet for extending the benefit of 7th P.R.C. with effect from 01.01.2016 with statutory interest of 6% per annum from the date it has fallen due till the date of actual payment. Needless to say; after approval of the Government, the appropriate fund shall be released by the State in favour of the University concerned for extending the benefit for which the claim has been made by these petitioners. It goes without saying that all other consequential benefits be also granted to the petitioners as per their entitlement along with statutory interest of 6% per annum from the date of entitlement till the date of actual payment. 6. With the aforesaid observations and directions, the instant writ application stands disposed of in the manner indicated hereinabove. Pending IAs, if any, also stands closed. (Deepak Roshan, J.) vikas/-