2026:JHHC:2968 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.651 of 2026 ----- Arun Kumar Singh, aged about 61 years, son of Laqte Maheshwar Singh, Resident of Village Sudna, behind Shambhu Gate Grill, P.O. Sudna, P.S. Medininagar, Daltonganj, District Palamu, Pin 822101. … Petitioner(s). Versus 1. The State of Jharkhand. 2. The Forest, Environment and Climate Change Department, Govt. of Jharkhand, Ranchi, through its Secretary, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi, Jharkhand. 3. The Principal Chief Conservator of Forest (HOFF), Environment and Climate Change Department, Govt. of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi, Jharkhand. 4. The Chief Conservator of Forest, Personnel (Non-Gazetted), Environment and Climate Change Department, Govt. of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi, Jharkhand. 5. The Regional Chief Conservator of Forest, Palamu, P.O. and P.S. Medininagar, District Palamu, Jharkhand. 6. The Divisional Forest Officer, Medininagar Forest Division, Palamu, P.O. and P.S. Medininagar, District Palamu, Jharkhand. 7. The Accountant General (A & E), Jharkhand, Ranchi, having its office at Doranda, P.O. and P.S. Doranda, District Ranchi, Jharkhand. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Atanu Banerjee, Advocate Mr. Suman Kr. Ghosh, Advocate For the State : Mr. Piyush Anand, AC to SC-VI For Accountant General: Mr. Sunil Kumar Agarwal, Advocate …...... 02 /04.02.2026: Heard the learned counsel representing the petitioner and the learned counsel representing the respondents. 2. The pension papers of the petitioner which has been forwarded by the employer has been returned by the Accountant General on the ground of pendency of the proceeding against the petitioner. 3. On the first occasion the pension papers were returned then the employer of the petitioner that is the Government again 2026:JHHC:2968 2 forwarded the same with the request to fix the pension provisionally i.e. only to the tune of 90%. Again the same has been returned on the ground of pendency of the proceeding against the petitioner. 4. Rule 43(c) of the Jharkhand Pension Rules, 2000 provides that the provisional pension of the petitioner can be granted till conclusion of the departmental proceeding or a criminal case. In terms of the said provision the employer has forwarded the pension papers recommending to sanction provisional pension to the tune of 90% thus withholding 10% as per Rule 43(c) of the Jharkhand Pension Rules, 2000 which reads as under : “43. (c) Where any departmental or judicial proceeding is instituted or continued against an officer/employee who has retired on attaining the age of compulsory retirement or otherwise, he shall be sanctioned by the Government which instituted such proceeding, during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension, but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon.” 5. As per the provision of Rule 43(c), the provisional pension cannot exceed the maximum pension i.e. the fixation of the provisional pension can be between 0-99%. In this case the employer has requested to fix provisional pension of the petitioner at 90%. 6. Further it is the employer who can only decide as to what would be the provisional pension and what amount should be withhold. Once the employer has exercised the said option and request the Accountant General to withhold 10% of the pension and release 90% of the pension to the petitioner provisionally, the 2026:JHHC:2968 3 Accountant General has got no authority to return the pension papers. They are bound by the request made by the employer as per the provision of Rule 43(c) of the Jharkhand Pension Rules. 7. Thus, I direct the Accountant General to process the claim of the petitioner as per the recommendation made by the State and sanction 90% of the pension provisionally. 8. The entire amount should be disbursed within 6 weeks from the date of receipt of the copy of this order. 9. Accordingly, this writ petition is disposed of. 10. So far as promotion is concerned, the same cannot be granted to the petitioner as he has already superannuated. (ANANDA SEN, J.) 04.02.2026 Tanuj/CP-2 Uploaded on 06.02.2026