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2025 DAILYLAW 35622 (JHR)

RAMDHANI PANDIT v. THE STATE OF JHARKHAND THRO THE SECRETARY, DEPT. OF PLANNING-CUM-FINANCE, GOVERNMENT OF JHARKHAND

WPC/5973/2025 · 2025-11-17

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:34395 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5973 of 2025 ------ Ramdhani Pandit, son of Late Buddhu Pandit, resident of Guest House Area, Q. No. C-14, P.O. & P.S. Saraikella, District Saraikella Kharsawan, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand, through the Secretary, Department of Planning-cum-Finance, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 2. The Director, Provident Fund Directorate, Department of Planning-cum-Finance, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The District Provident Fund Officer, Saraikella-Kharsawan, having its office at P.O. & P.S. Saraikella, District Saraikella- Kharsawan. 4. The Accountant General, Government of Jharkhand, Doranda, P.O. & P.S. Doranda, District Ranchi, Jharkhand. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s): Mr. Apoorva Singh, AC to SC (Mines)-II ------ 04/ 17.11.2025 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. It is the case of the petitioner that by invoking Rule 43(c) of the Jharkhand Pension Rules by the respondents, entire gratuity amount has been withheld, 10% pension has also been withheld, 50% of the leave encashment amount and the last leave travel allowance have also not been paid. 3. The ground for invoking Rule 43(c) of the Jharkhand Pension Rules, was a pending criminal case against the petitioner. 4. Learned counsel representing the petitioner submits that the petitioner has now been acquitted in the criminal case. He further submits that after acquittal, the petitioner has filed a representation to settle all his retiral dues. He thus prays that suffice it would be if the representation of the petitioner is decided by the respondents 2025:JHHC:34395 2 and reasoned will be passed. 5. Learned counsel representing the respondents submits that if the petitioner files a fresh representation, same will be considered and appropriate order will be passed. 6. Considering the aforesaid submission, I direct the petitioner to file a fresh representation annexing all the documents, before respondent No.2 - The Director, Provident Fund Directorate, Department of Planning-cum-Finance, Government of Jharkhand, within three weeks. 7. On receipt of such representation, respondent No.2 will consider the representation of the petitioner and pass a reasoned order, within six weeks. 8. If the petitioner is found entitled for any benefit, the same should be extended to him within two weeks thereafter. 9. If any part of the claim / representation is rejected for any reason, a detailed speaking order should be communicated to the petitioner. 10. With the aforesaid directions, this writ petition stands disposed of. (ANANDA SEN, J.) 17th November, 2025 Prashant. Cp-2