2025:JHHC:15829 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1762 of 2025 Kashi Nath Modi, Aged about-62 years, S/o-Late Jagsidh Modi, R/o- Village-Chaudharidih, P.O.-Sabalpur, P.S.-Suriya, District-Giridih. Present R/o-F-303, Bageshwari Enclave, Chitragupt Colony, Sulanki, Road No.-1, P.O.-Hatiya, P.S.-Jagannathpur, District-Ranchi, Jharkhand. ... … Petitioner(s) Versus 1.The State of Jharkhand 2. Secretary, Water Resources Department, Government of Jharkhand, office situated at Nepal House, Doranda, Ranchi, P.O.+ P.S.-Doranda, District- Ranchi, Jharkhand. 3. Secretary, Department of Urban Development and Housing, Government of Jharkhand, office situated at Project Building, Dhurwa, Ranchi, P.O. + P.S.-Dhurwa, District- Ranchi, Jharkhand. 4. Deputy Commissioner, Ranchi, office situated at Ranchi, P.O.-G.P.O., P.S.-Kotwali, District- Ranchi, Jharkhand … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Binod Singh, Advocate For the Respondent(s) : Md. Shahabuddin, SC-VII -------- 03/Dated: 16th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “I. For issuance of an appropriate direction in the nature of mandamus, directing the Respondents concerned to make the payment of Gratuity and commuted pension (40%) to the Petitioner as the Petitioner after serving more than Thirty Six Years, has superannuated on 31.08.2023, but, till date even after repeated request, the Gratuity and commuted pension has not been paid. II. For issuance of an appropriate direction in the nature of mandamus commanding upon the Respondent concerned to pay the interest @10% per annum for the delayed payment of gratuity and commuted pension from the date of superannuation to till the date of actual payment of amount of gratuity and commuted pension. III. For issuance of an appropriate writ(s)/direction(s)/order(s) as Your lordships may deem fit and proper in the facts and circumstances of the case.” 2. After some argument, learned counsel for the petitioner submits that the instant writ application may be disposed of by directing the respondent no.2-Secretary, Department of Water Resources, Government of Jharkhand 2025:JHHC:15829 2 to take a decision on the representation of the petitioner. 3. Learned counsel for the respondents submits that as per clause 43(c) of the Jharkhand Pension (Amendment) Rule since a criminal case is pending against the petitioner, he is not being paid the gratuity and commutation of pension. Learned counsel further submits that it is the petitioner whose criminal case is pending against him and if he withdraws this writ application and move before the appropriate for redressal of his grievance by showing that no charge-sheet has been submitted against him, he has no objection. 4. Having regard to the aforesaid facts and circumstances of the case, since few representations are pending before the concerned respondent authority; as such, the instant writ application is hereby disposed of by directing the 2nd respondent to treat this writ application as representation and take a decision in the matter with regard to the claim raised in the writ application in accordance with law and applicable rules and regulations by passing a reasoned and speaking order. The entire exercise shall be completed within a period of 16 weeks from the date of receipt/production of copy of this order. The petitioner is also directed to serve the copy of this writ application to the 2th Respondent at the earliest so that his grievance can be redressed. 5. The writ petition stands disposed of. (Deepak Roshan, J.) Amit