2025:JHHC:38793 -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S). No. 2492 of 2021 …. Anup Kishore Sharan, aged about 62 years, Son of Late Kamleshwari Sharan resident of Flat No. B/101, Hariom Tower Residential, Circular Road, Lalpur, PO and PS- Lalpur, District- Ranchi ……Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Personal, Administrative Reforms and Rajbhasa Department, Government of Jharkhand, Project Bhawan, HEC, Dhurwa, PO- Dhurwa, PS- Jagannathpur, District- Ranchi 3. The Joint Secretary, Department of Personal, Administrative Reforms and Rajbhasa Department, Government of Jharkhand, Project Bhawan, HEC, Dhurwa, PO- Dhurwa, PS- Jagannathpur, District- Ranchi 4. The Deputy Commissioner, Saraikela-Kharsawan, PO & PS and District- Saraikela Kharsawan 5. The Accountant General, Jharkhand, Hinoo, Doranda, PO and PS- Doranda, District- Ranchi ..…Respondents ----- PRESENT HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Rajendra Krishna, Advocate Mr. Jay Shankar Tiwary, Advocate Mrs. Priya Sahay, Advocate For the Respondents : Mr. Amit Kumar, SC Mines-II ------ JUDGEMENT C.A.V. on 28.07.2025 Pronounced on 11.11.2025 This writ petition has been filed on behalf of the petitioner for the following reliefs :- (i) For issuance of appropriate writ (s), order (s) and/or direction (s) including a writ of Mandamus directing the concerned respondents to immediately and forthwith release all 2025:JHHC:38793 -2- post retiral benefits, such as Gratuity, Leave encashment, Pension, Group Insurance and other admissible benefits with statutory interest, (ii) For issuance of appropriate writ (s), order (s) and/or direction (s) including a writ of Mandamus directing the concerned respondent to immediately and forthwith pay salary of the petitioner for the month of August, 2019. (iii) For grant of any other appropriate relief (s) to which the petitioner is legally entitled for doing conscionable justice to him in the facts and circumstances of the case. 2. Heard learned counsel for petitioner and the learned counsel for the respondents. 3. Learned counsel for the petitioner has submitted that non- payment of pensionary benefits i.e. pension, gratuity and other post retiral benefits by the respondent is illegal and arbitrary. It is submitted that during the service period of the petitioner, a Departmental Proceeding was initiated against the petitioner, against which the petitioner has preferred writ application before this High Court being W.P.(S) No. 5641 of 2017, for quashing the Departmental Proceeding initiated against the petitioner and also for quashing the enquiry report. It is further submitted that second show cause dated 22.08.2017 issued to the petitioner be also quashed. It is submitted that writ application being W.P.(S) No. 5641 of 2017 is still pending before this High Court and is being heard along with this instant writ petition and vide order dated 10.10.2017 passed in the said Writ Petition No. 5641 of 2017, the Jharkhand High Court has issued interim order in favour of the petitioner by directing that no-coercive step be taken against the petitioner. 2025:JHHC:38793 -3- 4. It is submitted that during the pendency of the writ application, the petitioner superannuated from the service on 31.08.2019 and thereafter no retirement benefit arising out of the service condition of the petitioner has been paid to the petitioner except payment of the amount of G.P.F. It is submitted that emoluments, such as Gratuity, Pension, Group Insurance, Leave Encashment, other post retiral benefits including salary for the month of August, 2019 have not been paid to the petitioner. It is submitted that the petitioner has approached the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha on various occasion and lastly the petitioner represented before the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha on 25.07.2021(Annexure- 2) requesting him to immediately and forthwith release the post-retirement benefits, however, the same has not been paid till date. 5. It is submitted that vide letter dated 16.03.2019 (Annexure-3) issued by the Deputy Commissioner, Saraikela Kharsawan, addressed to the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, the Deputy Commissioner, Saraikela Kharsawan has recommended for payment of all retiral benefits and future emoluments arising out of service condition such as Pension, Gratuity and other benefits to the petitioner. It is submitted that post-retirement benefits of the petitioner cannot be stopped arbitrary without giving any reasons. It is submitted that the right of property is no longer remained a fundamental right, rather, it was considered as constitutional right as provided under Article 300-A of the Constitution of India and right to receive pension was treated as right to property and 2025:JHHC:38793 -4- pension is not an ex-gratia payment, but it is a payment for the past services rendered by the employee. In view of above, the writ petition may be allowed and the respondent authority may be directed to release forthwith the entire retiral benefits as well as arrears of pension. Hence, this writ petition may be allowed. 6. Learned counsel for the respondent-State has submitted that the writ petition filed by the petitioner is devoid of merit and not maintainable. It is submitted that the instant Writ Petition filed by the petitioner is misconceived and devoid of any merit and the present writ application is not maintainable. It is submitted that the Commissioner, South Chhotanagpur Division, Ranchi vide its letter no. 1473/Estb., dated 02.09.2013 sent a memo of charges in form 'K' against the petitioner relating to his tenure, as S.A.R. Officer, Ranchi alleging therein that during his tenure the petitioner had regularized the tribal lands by determining compensation for the transfer of land without holding proper enquiry in 22 S.A.R. cases under the proviso-II of the section 71 (A) of the Chhotanagpur Tenancy Act. Taking note of the seriousness of charges as the same were related to illegal transfer of tribal land, a regular departmental proceeding was initiated against the petitioner. 7. It is further submitted that subsequently, vide another letter issued from the office of the Commissioner, South Chhotanagpur Division, Ranchi vide memo no. 755/estb., dated 30.04.2014, another memo of charges against the petitioner was received wherein, it was found mentioned that in another 27 cases the petitioner had determined the compensation for transfer of lands against the provisions of the Act. This memo of charge was also sent to the departmental enquiry officer to include the same in 2025:JHHC:38793 -5- the departmental proceeding already undergoing. Meanwhile, the Deputy Commissioner, Ranchi, vide its letter no.- 97 (0)/Rev., dated 17.03.2015 sent one more memo of charges against the petitioner in Form 'K' to the Department of Revenue which was made available to the Department vide letter no. 1041/Rev., dated 18.03.2015. In the said memo of charges it was pointed out that in another 51 S.A.R. cases, again, the petitioner had violated the provisions of the CNT Act in determining the amount of compensation for the transfer of the lands. Thus, in terms of recommendation of the Department of Revenue, the petitioner was put on suspension vide departmental memo no. 4764 dated 29.05.2015, and another departmental proceeding was initiated for the fresh charges vide this department's resolution no. 5448 dated 18.06.2015. 8. It is submitted that enquiry report in both the departmental proceeding was submitted by the Conducting Officer vide his letter no. 14 & 15 dated 20.01.2016 in which almost all the major charges were found proved against the petitioner. Then, upon examination of the departmental enquiry reports, the disciplinary authority found that since the nature of allegations for which the two different departmental inquiries were conducted, was same, hence, it was decided to take consolidated action on these reports. Thereafter, the matter was reviewed by the Department in the light of the two enquiry reports submitted by the Conducting Officer and it was found that the enquiry reports submitted by the Conducting Officer were factual and it was accepted. In terms of the said enquiry report charges levelled against the petitioner for regularizing the tribal land in altogether 2025:JHHC:38793 -6- 90 S.A.R. cases by determining compensation for transfer of land without holding proper enquiry under the proviso-II of Section-71 (A) of the Chhotanagpur Tenancy Act was found proved. Thus, a penalty of Dismissal getting approval of the Chief Minister upon the proposed punishment, second show cause was issued to the petitioner vide memo no. 9199 dated 22.08.2017. 9. It is further submitted that the Co-ordinate Bench (Hon’ble Mr. Justice S. Chandrashekhar as then His Lordship Was) of this Court has stayed the matter by directing that final decision shall not be taken in the matter. Hence, in view of the aforementioned order, in spite of the approval of the Chief Minister upon the point of Dismissal of the petitioner taken in the year 2017 itself, no final decision in the matter of disciplinary action upon the petitioner could be issued due to pendency of interim order passed by this Court in another W.P.(S) No. 5641 of 2017 filed by this writ petitioner. However, in the meantime, the petitioner upon attaining the age of superannuation, has retired from the services of the State Government on 31.08.2019 and submitted his representation for payment of his retiral dues. 10. It is submitted that the Departmental Authority, while taking decision upon the claim of the petitioner for payment of retiral dues, found that apart from the above-approved punishment of dismissal, there are certain break in service on account of irregular service period, which is also reported. However, in the mean time, the amount of Pay Salary of last month (August 2019), GIC and GPF admissible to the petitioner were paid to him. Hence, this writ petition may be dismissed. 11. In reply, learned counsel for the petitioner has submitted that during pendency of the writ application, the petitioner 2025:JHHC:38793 -7- preferred a representation before the Accountant General, Jharkhand, requesting for issuance of authority slip regarding leave encashment/earned leave. Then, the office of the Accountant General, Jharkhand vide its memo no. 680 dated 07.11.2021, addressed to the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Jharkhand, requested for essential documents indicating regularization of period of service during which the petitioner was suspended as the same is required for computation of 300 days of Earned Leave. It is submitted that earlier the Accountant General, Jharkhand vide Memo No. 538 dated 08.08.2019 had already recommended for payment of 300 days of Earned Leave to the petitioner, however, as the petitioner stood superannuated from service on 31.08.2019 and therefore, there is no Employer and Employee relationship between the Petitioner and the Government. It is submitted that proposed punishment and second show cause has no legal sanctity in the eye of law as there is no service which is to be rendered by the petitioner in the department as the petitioner has already superannuated. It is submitted that respondent-authorities having allowed the petitioner to retire from service and hence, withholding of pension and retirement benefits is totally illegal. It is submitted that in spite of aforesaid facts and communication, no action has been taken by the State respondents and the petitioner has not been paid leave encashment along with retirement benefit till this date. It is submitted that the petitioner is suffering from various ailments Diabetic, High Blood pressure since 5 years. Petitioner's wife is also suffering from various ailments and due to financial constrain and hardship the petitioner is unable to provide proper medical aid. 2025:JHHC:38793 -8- 12. It is submitted that the petitioner has not been paid the provisional pension and other provisional retiral dues for the reason that the departmental proceeding is pending and the same cannot be withheld because of pendency of departmental proceeding. 13. In reply, learned counsel for the State has submitted by filing supplementary counter affidavit dated 07.05.2024 that the instant matter was listed before this High Court on 23.02.2024 and 05.03.2024 along with analogous cases hereby direction was given by the Jharkhand High Court for speedy release of pensionary benefits to the respective petitioner. As such the present supplementary counter affidavit has been filed for bringing on record the current status of the instant case. It is submitted that a departmental proceeding was initiated against the petitioner and second show cause was issued vide Memo No. 9199 dated 22.08.2017 regarding dismissal from his service. 14. It is submitted that the petitioner has challenged the Memo No. 9199 dated 22.08.2017 by filing W. P. (S) No. 5641 of 2017 whereby this High Court vide its order dated 10.10.2017 has directed that “In the meanwhile a final decision in the matter shall not be taken. It is further submitted that owing to such order passed by Hon’ble Court dated 10.10.2017 the departmental proceeding is pending and the respondent-Department is not in a position to dispose the pending pension and other retiral dues to the petitioner and a letter to this effect has been issued to the concerned Law Officer vide Memo No. 1655 dated 04.03.2024. Hence, this writ petition may be dismissed. 2025:JHHC:38793 -9- 15. Having heard learned counsels for both the sides and from perusal of the records, it transpires from the counter affidavit filed on behalf of State, GPF amount and GIC have been paid to the petitioner and even Leave Encashment of 300 days has also been sanctioned by the office of the Accountant General. 16. It transpires that on 24.01.2025, the interim order dated 10.10.2017 in another W. P. (S) No. 5641 of 2017 (i.e. the petitioner- Anup Kishore Sharan) and the interim order 23.07.2018 in one another W. P. (S) No. 864 of 2018 (i.e. the petitioner Mathias Vijoy Toppo) was vacated by the Co-ordinate Bench (Hon’ble Mr. Justice Ananda Sen) of this Court. 17. It further transpires that the Co-ordinate Bench (Hon’ble Mr. Justice Shree Chandrashekhar) of this Court had directed vide order dated 10.10.2017, 24.11.2017, 09.03.2018, 17.04.2018 and 23.08.2018 that a final decision in the matter shall not be taken and thereafter, vide order dated 28.07.2025, this Court has again directed that no coercive steps shall be taken against the petitioner till the disposal of this case. 18. It further appears that even vide letter dated 16.03.2019 issued by Deputy Commissioner, Saraikela- Kharsawan, Deputy Commissioner, Saraikela- Kharsawan has recommended to the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa for payment of all retrial benefit to the petitioner. 19. It transpires that the petitioner has been retired as far back as on 31.08.2019. 20. In view of the discussion made above, this W. P. (S) No. 2492 of 2021 stands disposed of with the direction to the 2025:JHHC:38793 -10- Respondent Authorities to pass an appropriate order in accordance with law in respect of the claim of the petitioner, after giving proper opportunity to the petitioner. 21. Accordingly, W. P. (S) No. 2492 of 2021 stands disposed of. Interim order dated 28.07.2025 passed by this Court stands vacated. (Sanjay Prasad, J.) Dated 11.11.2025 Kamlesh/N. A.F. R.