Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:13050
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3943 of 2023
Nasima Khatun, aged about 44 years, wife of late Abdul Manan Ansari (Police Constable No.773 of the Hazaribagh District Force), at Police Hazaribagh, P.O. and P.S. Hazaribagh, District, Hazaribagh, at present resident of village Pali, P.O Pali, P.S. Ratu, District-Ranchi, Jharkhand.
…… Petitioner
Versus
1. The State of Jharkhand.
2. The Director General-cum-Inspector General of Police, Jharkhand, Police Headquarter, H.E.C. Township, P.O. and P.S.-Dhurwa, District- Ranchi (Jharkhand).
3. The Superintendent of Police, Hazaribagh at P.O. and P.S.-Hazaribagh, (Jharkhand). District-Hazaribagh
4. The Deputy Inspector General of Police (D.I.G.), North Chhotanagpur at Hazaribagh, P.O. and P.S.-Hazaribagh, District-Hazaribagh (Jharkhand).
5. The Accountant General (A & E) of Jharkhand at Hinoo, P.O- Hinoo, P.S. Doranda, District Ranchi, Jharkhand.
… … Respondents
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Satish Prasad, Adv. For the Res.-State : Mr. Shubham Gautam, AC to AAG-V
Mr. Sanket Khanna, AC to AAG-V For the Res. AG : Ms. Richa Sanchita, Adv. : Mr. Sunil Kumar, Adv. -------
10/01.05.2026
The instant writ application has been preferred by the petitioner for the following relief:-
(i)
For issuance of an appropriate writ/s, order/s or direction/s for the payment the rest of the other dues besides regular pension, which are given below:-(i) Leave Encashment Amount (ii) Gratuity Amount; (iii) Provident Fund amounts, and (iv) Group Insurance amount, which are not yet paid to the Petitioner under Family Pension Scheme, 2016 only petitioner is getting regular pension as per P.P.O. No. 142244096 dated 15.09.2022 issued by AG. (AE), Jharkhand on the recommendation of the Respondent No. 3 (Superintendent of Police, Hazaribagh) (Annexure- 2);
(ii)
Further prays for the payment of Rs. 10 Lacs of ex- gratia lump-sum compensation amount as per Resolution No. 1192
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dated 11.06.2011 of Finance Department, Government of Jharkhand, Ranchi, which is effective since 01.01.2006, likewise Letter No. 38/37/P&PW(A) dated 02.08.2008 issued by the Central Government for employee for payment of family of Rs. 10 Lacs in case of death of the employees, who died by accident during the duty; The Petitioner's husband, Abdul Manan Ansari is a Police Constable-Driver, who died in motor accident while he was driving police patrolling vehicle on night of 29.06.2019 in Muffasil P.S. area of Hazaribagh on NH-33, Ranchi-Patna Road. 2. The case of the petitioner is that she is the second wife and got married with the deceased employee on 21.09.2016; whereas the first wife of the deceased employee died on 02.02.2016; as such she is fully entitled for all pensionary and monetary benefit in view of the fact that she is the legally wedded wife of deceased employee. Ld. Counsel further draws attention of this Court towards Annexure-12, wherein the name of this petitioner along with daughter is reflected. Relying upon the such details which was issued by the Circle Officer Ratu, he contends that she is entitled for all pensionary benefits.
He further submits that the son and other wards of the first wife will not get any benefit, in view of the fact that one of the sons has been given compassionate appointment and other two daughters are married; as such learned counsel contends that the respondent should be directed to disburse the monetary benefit as per the family certificate given by the circle officer, Ratu. 3. The stand of the respondent is that it’s a family dispute and they are not in a position to disburse the pensionary benefit amount. 4. Having regard to the facts and circumstances of the case; first of all, it is observed that the respondents cannot sit over the matter for indefinite period and if at all they are having any problem, they should have first
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notice to the claimant as to why he/she has not been given retiral benefit which has not been done in the instant case. Having regard to the peculiar facts and circumstances, the instant writ application is hereby
disposed by directing the respondent no.3 to consider the case of the petitioner as per the applicable rules and regulations with regard to payment of pensionary and other benefit.
5.
Accordingly, the petitioner is directed to approach the respondent no.3 along with all relevant documents within a period of Ten Weeks from today. The moment respondent no.3 will receive the detail representation/claim and other documents; he will notice all the parties and take a decision in the matter and pay the same in accordance with law.
6.
It goes without saying that if he would be in difficulty to ascertain the factual relationship of either of the parties, he would be at liberty to pass an appropriate
order and in that circumstances the petitioner would seeks succession certificate for the monetary claim.
7.
As a result, the instant writ application stands
disposed with the aforesaid observations. Pending I.A.s if any, also stands closed.
(Deepak Roshan, J.) May 1, 2026 Uploaded on 14/05/2026 Fahim/-