SUNIL BARAN CHATTERJEE v. THE STATE OF JHARKHAND THROUGH, PRINCIPAL SECRETARY, DEPTT OF HEALTH AND FAMILY WELFARE
C.Rev./25/2025 · 2026-06-11
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16978 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16978 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:16879 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
Civil Review No. 25 of 2025
--------- Sunil Baran Chatterjee, aged about 79 years, son of Late Fakir Chandra Chatterjee, Resident of Behind UCO Bank, Luby Circular Road, Hirapur, Dhanbad, Jharkhand.
....Petitioner(s)
Versus
1. The State of Jharkhand through, Principal Secretary, Department of Health & Family Welfare, Government of Jharkhand at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi (Jharkhand).
2. Director-in-Chief, Department of Health & Family Welfare, Government of Jharkhand at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi (Jharkhand).
3. Superintendent, S.S.L.N.T., Government Hospital, Telephone Exchange Road, P.O. Dhanbad, P.S. Dhanbad, District Dhanbad (Jharkhand).
4. The Principal Accountant General (A & E) Jharkhand, having its Office at Nepal House, P.O. Doranda, P.S. Doranda, District Ranchi (Jharkhand).
5. The District Treasury Officer, Dhanbad having its Office at Dhanbad, P.O. and P.S. Dhanbad, District Dhanbad (Jharkhand).
....Respondent(s)
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : Mr. Arpan Mishra, Advocate For the Respondent(s) : Mr. Sanjay Kumar Tiwari, S.C.-I
Mrs. Richa Sanchita, Advocate
Ms. Oishi Das, Advocate
--------- 05/Dated:-11.06.2026
1.
This review application has been preferred by the petitioner in view of the fact that in Para-11 of the order dated 29.10.2024, it has not been mentioned that the petitioner was entitled for 6th and 7th Pay Revision.
2.
Learned counsel for the petitioner draws attention of this Court towards Para-7. For brevity, Para-7 of the order under review is extracted hereinbelow:
“7. Having gone through rival submission of the parties, this Court is of the considered view that admittedly petitioner was entitled for retiral- cum-pensionary benefits in the year 2003 i.e. on 31.05.2003 which is the
2026:JHHC:16879 2 date of retirement. Petitioner was entitled for the benefits of 5th and 6th Pay Revision but the same was not extended to him on the ground of illegal and wrong orders passed by the respondents on 28.08.2008 and it was only after direction of this Court on 28.06.2018, the respondents paid the benefits though interest was not extended without any valid reason. The payments were made taking into consideration 5th Pay Revision and not 6th and 7th Pay Revision though petitioner is entitled for the benefits of 6th and 7th Pay Revision also.”
3. Thereafter, this Court has directed to pay simple interest of 9% per annum. 4. From Para-2 of the order, it appears that the petitioner approached this Court with a prayer for a direction upon the respondent for fixation of pension after granting benefit of 6th and 7th pay commission and then to release the arrears thereof with simple interest @ 12% per annum. However, in Para-11, due to inadvertence, it has not been held that the petitioner is entitled for 6th and 7th pay commission, whereas in Para-7, it was held that the petitioners are entitled for the same. Accordingly, Para-11 of the order dated 29.10.2024 is modified as under:
“11. In view of the aforesaid discussion, this Court is of the considered view that the petitioner is entitled for fixation of pension after granting benefit of 6th and 7th pay revision commission along with arrear with simple interest @ 9% per annum on the delayed payment. Accordingly, the respondents are directed to calculate the entire amount and pay the same to the petitioner within a period of twelve weeks from the date of receipt of copy of this order.”
5. It has been contended by learned counsel for the respondents that 6th and 7th pay revision has been paid to the petitioner. Learned counsel stressed upon Paragraph-11 of the
2026:JHHC:16879 3 counter affidavit and submits that now, there is no need of any review. 6.
However, admittedly, this Court was of the view, while passing the order dated 29.10.2024, in W.P.(S) No. 963 of 2023 that the petitioner was entitled for 6th and 7th pay revision and therefore, it held that the petitioner was entitled for simple interest @ 9% per annum on the delayed payment, but the benefit of 6th and 7th pay revision commission along with simple interest @ 9% per annum and arrears has not been incorporated in the order under review. 7. Accordingly, with the aforesaid modification, the instant review application stands allowed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) JUNE 11, 2026 vikas/- uploaded 19/06/2026