2026:JHHC:11392 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4839 of 2018 ---------- Saraswati Devi, wife of late Mahadeo Ram, aged about 62 years, son of late Rupu Pandit, resident of Qr. No. K-1, 10 Saharpura, P.O. and P.S. Sindri, Dist. Dhanbad. ………. Petitioner Versus 1. The Dhanbad Municipal Corporation, Dhanbad, through its Municipal Commissioner, having its office at near Rajendra Market, Bank More, P.O. and P.S. Bank More, Dist. Dhanbad. 2. The Chief Executive Officer, Dhanbad Municipal Corporation, having its office at near Rajendra Market, Bank More, P.O. and P.S. Bank More, Dist. Dhanbad. 3. The Executive Officer, Dhanbad Municipal Corporation, Sindri Anchal, Sindri, P.O. and P.S. Sindri, Dist. Dhanbad. ………. Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate For the Respondents : Mr. Arpan Mishra, Advocate ---------- 22/ 18.04.2026 Initially, the instant writ application has been preferred for following reliefs: “(i) For payment of current regular pension as well as arrears of pension from the date of his retirement under the provision of Municipal Officers & Servants Pension Rules. (ii) Benefits of A.C.P. (iii) House Rent of Rs. 7,764/-. (iv) Interest of the provident fund. (v) Salary of Rs. 01.08.2006 to 18.08.2006. (vi) Leave salary of Rs. 12,825/-. (vii) Arrears of differences of salary, fixing the pay scale of the petitioner as per the provision of 5th pay commission w.e.f. 01.01.1996. (viii) Arrears of differences of salary as per 6th pay revision w.e.f. 01.01.2006. (ix) Arrears of gratuity in view of the differences of salary as per 5th pay revision w.e.f. 01.01.1996 & 6th pay revision w.e.f. 01.01.2006. (x) Interest @ 12% p.a. upon the aforesaid legally admissible dues.” 2026:JHHC:11392 2 2. During pendency of the writ application, a counter-affidavit as well as supplementary counter-affidavit has been filed wherein only with regard to pension it has been stated that the same is not permissible, however, with respect to all other payments, it has been said that the same has already been paid. 3. Learned counsel for the petitioner submits that as per her instruction, leave encashment though allowed but has not yet been credited in the account of the petitioner. Accordingly, this writ application may be disposed of by giving liberty to the petitioner to approach the concerned respondents for fixation of pension and also, the respondents be directed to ensure that if the leave encashment has not yet been paid, the same shall be credited in the account of the petitioner, as early as possible. 4. To this prayer, learned counsel for the respondents does not have any objection. He further relies upon the counter-affidavit and submits that the original petitioner was not entitled for pension. However, the present petitioner if so chooses, she may approach the concerned respondents. Learned counsel further submits that it is not possible that the leave encashment would not have been credited in the account of the petitioner. However, if the same has not yet been credited, the same will be done forthwith. 5. Having regard to the aforesaid submissions and also looking to the prayer made in this writ application and the averments made in the counter-affidavit, the instant writ application is hereby disposed of by giving liberty to the petitioner to approach the respondent No. 1 for her grievance with regard to fixation of pension and/or payment of leave encashment, if not paid till date. The moment petitioner approaches the concerned respondents; the respondents shall look into the matter and pass appropriate order with regard to prayers made by the petitioner. The entire exercise shall be completed within a period of 16 weeks from the date of receipt/ production of a copy of this order. 2026:JHHC:11392 3 6. It goes without saying that if the entire leave encashment amount has not been paid till date; same shall be paid within a period of four weeks from the date of receipt/ production of a copy of this order. (Deepak Roshan, J.) 18th April, 2026 Kunal/- Uploaded on 04.05.2026