2025:JHHC:14174 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 2317 of 2025 ---- 1. Kamini Dubey, aged about 68 years, wife of Late Brij Bhusan Dubey, resident of near Shiv Mandir, Misirgonda, Lower Vidyapati Nagar, Kanke, P.O. Gandhi Nagar, P.S. Gonda, District Ranchi, Jharkhand. 2. Kunti Devi, aged about 65 years, wife of Late Navdhar Ram, resident of near Ranchi Nagar Nigam, Kutchhury Road, P.O. GPO Ranchi, P.S. Kotwali, District Ranchi, Jharkhand. 3. Uma Devi, aged about 71 years, wife of Late Binod Lal Vishwakarma, resident of South Side Pahadi Mandir, Irgu Road, Pahadi Tola, Loric Mistri Line, P.O.-G.P.O., P.S. Sukhdeo Nagar, District Ranchi, Jharkhand. 4. Manija Khatoon, aged about 74 years, wife of Late Md. Galib, resident of Ramzan Colony, Kanta Toli, P.O. and P.S. Lower Bazar, District Ranchi, Jharkhand. ......Petitioners Versus 1. The state of Jharkhand 2. The Secretary, Urban Development Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P. S. Dhurwa, District Ranchi, Jharkhand 3. The Municipal Administrator, Ranchi Municipal Corporation, Ranchi, having its office at Kutchhury Road, P.O. GPO Ranchi, P.S. Kotwali, District Ranchi, Jharkhand. 4. The Deputy Municipal Administrator, Ranchi Municipal Corporation, Ranchi, having its office at Kutchery Road, P.O. GPo Ranchi, P.S. Kotwali, District Ranchi, Jharkhand. ....Respondents -- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioners : M/s. Jay Shanker Tiwary, Shubham Mayank, Advocates For the Resp.-State : Mr. Suman Marandi, A.C to S.C.-IV - 02/08.05.2025 Heard the parties. 2. Petitioners are claiming family pension after death of their husband who were ex-employees of Ranchi Municipal Corporation. 3. At the very outset, it has been submitted by the Counsel for the Petitioners that a direction may be issued 2025:JHHC:14174 2 upon the Respondent nos. 3 and 4 to release family pension in favour of the Petitioners, as the husbands of the respective petitioners were retired employees of Ranchi Municipal Corporation, except the husband of Petitioner no. 3 and the Husband of the respective Petitioners were getting the pension from the Municipal Corporation, Ranchi, and after their death, till today no family pension has been provided to their respective wives. 4. Learned counsel for the Respondent-Ranchi Municipal Corporation submits that the matter related to family pension is dealt by the Department of Urban Development & Housing and Municipal Corporation and not by the office of Director, Directorate of Municipal Administration and as such, no decision by the office of the Director, Directorate of Municipal Administration has been taken in this regard. Learned counsel further submits that any clarification in this regard can be issued/given by the said Department only. No such proposal to the Ranchi Municipal Corporation has been received by the Directorate and as such, it is the State who has to take decision in this regard. 5. On the other hand, learned counsel for the Respondent-State submits that the Urban Development and Housing Department, Govt, of Jharkhand, vide its letter No.2679 dated 17.12.2008, has clearly stated to the all the urban local bodies that with respect to the employees of Urban Local Bodies of Jharkhand, Patna Municipal Corporation Officer & Pension Rule, 1986, and Bihar Municipal Officer & Servant Pension Rules, 1987 are applicable for the entitlement of Pension. Chapter VI of the said Bihar Municipal Officer & Servant Pension Rules, 1987 contains provisions of Family Pension. 2025:JHHC:14174 3 Learned counsel further submits that Section 58 of Jharkhand Municipal Act, 2011 & Notification no.973 dated 06.02.2017 contains provisions of payment of pension to the employees of urban local bodies, which has to be paid from the internal revenue of Urban Local Bodies. Urban Local Bodies are responsible for fixation & payment of pension/gratuity to their employees based upon and from their internal revenues. Vide letter no.2541 dated 24.06.2019 a clear direction was issued by the department to all the urban local bodies to act accordingly. 6. In view of the fair submission of the rival parties, I hereby direct the Respondent Nos.2 and 3 to look into the matter and release the family pension (current as well as arrears) to these petitioners as per their entitlement within a period of eight weeks from the date of receipt/production of copy of this order. It is made clear that the Petitioners are widows of erstwhile employee of Municipal Corporation; as such, any further delay in disbursing the Family Pension to these Petitioners shall be viewed seriously and if this order is not complied within the aforesaid stipulated period; the Petitioners shall also be entitled for interest @ 9% per annum from the date of entitlement till the date of disbursement which shall be recovered for the concerned respondent who will found to be responsible for making such delay. 7. With the aforesaid direction and observations, the instant writ petition stands disposed of. (Deepak Roshan, J.) Jk