2026:JHHC:20403 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4426 of 2024 Shyam Deo Prasad Singh, aged about 67 years, Son of Late Alakh Deo Singh, resident of Mohalla- Harishchandra Stadium, near Arvind Press, Mamta Hospital, Nawada, P.O. & P.S. & District Nawada (Bihar). … Petitioner Versus 1. State of Jharkhand, through its Principal Secretary, Department of School Education and Literacy, having its office at MDI Building, Dhurwa, P.O & P.S Dhurwa, Ranchi, Jharkhand- 834004. 2. Director, Higher and Secondary Education, Department of School Education and Literacy, having its office at MDI Building, Dhurwa, P.O & P.S- Dhurwa, Ranchi, Jharkhand- 834004. 3. Deputy Commissioner, Koderma, having its office at District Collectorate, P.O. & P.S. Koderma, District Koderma, (Jharkhand). 4. Union of India, through The Principal Accountant General, (Accounts and Entitlement), Jharkhand, having its office at Doranda, North Office Para, Opposite Durga Mandir, P.O. & P.S. Doranda, District Ranchi, PIN- 834002 (Jharkhand). 5. District Superintendent of Education, Koderma having its office at District Collectorate, P.O., P.S. & District Koderma. … Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For Petitioner : Mrs. Shilpi Sandil Gadodia, Advocate Mr. Anish Lal, Advocate For Respondents :Mr. Sanjay Kumar Tiwary, SC-I For Resp. No.4 : Mr. Arvind Kumar Mehta, Advocate. CAV on: 03.07. 2026 Pronounced on:10 .07.2026. 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by Petitioner for following reliefs:- (i) For issuance of an appropriate writ/order/direction, including Writ of Mandamus, directing the Respondent authorities for fixation of pension of the petitioner after deducting 10% of the pension amount from 01.01.2017 till 31.12.2026, and further for fixation of 100% of pension amount w.e.f. 01.01.2027, especially in view of the fact that the order dated 29.06.2017 by which punishment has been inflicted upon the petitioner for deducting of 10% of pension for a period of 10 years from date of his retirement i.e. on 31.12.2016, has already attained finality. (ii) For issuance of an appropriate writ/order/direction, including Writ of Mandamus, directing the Respondents authorities to immediately and forthwith pay 90% of pension amount w.e.f. from 01.01.2017 till 31.12.2026, and thereafter, to further pay 100 % of pension amount w.e.f. 01.01.2027 to the petitioner. 2026:JHHC:20403 2 (iii) For issuance of an appropriate writ/order/direction, including Writ of Mandamus, directing the Respondents authorities to immediately and forthwith pay amount of Rs. 1000/- per month, which the petitioner is entitled to receive towards medical expenses pursuant to his superannuation, which has not been paid till date to the petitioner. (iv) For issuance of an appropriate writ/order/direction, including Writ of declaration, declaring the action of Respondents authorities in not fixing the pension of petitioner in view of the order dated 29.06.2017 is wholly illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of India. 3. Essential facts which are relevant for adjudication of the instant writ application is that Petitioner was initially appointed on the post of Assistant Teacher on 25.09.1987 in Middle School, Mirganj, Satgawan in the District of Koderma and finally superannuated from service on attaining the age of superannuation on 31.12.2016. While the petitioner was in service, departmental proceeding was initiated against him and vide order dated 31.10.2013, three major punishment was imposed upon Petitioner, viz. (i) Compulsory Retirement; (ii) Reduction of 10% of Pension; (iii) Payment of subsistence allowance during period of suspension. 4. Aforementioned penalty order was challenged by the petitioner by filing Writ Petition being W.P.(S) No. 6060 of 2012 and this Court remitted the matter back to disciplinary authority to consider the case of petitioner afresh in view of petitioner’s acquittal in criminal cases and to pass order in accordance with law. 5. Consequent upon aforesaid order, earlier order of penalty dated 31.10.2013 was withdrawn vide order passed in Memo No. 613 dated 29.03.2016. However, just one day prior to the date of superannuation of the petitioner i.e. on 30.10.2016, he was again put under suspension and Memo of Charges contained in Memo No. 2152 dated 30.12.2016 was issued and, ultimately, an order of punishment contained in Memo No. 982 dated 29.06.2017 was passed against the 2026:JHHC:20403 3 petitioner, wherein following punishments were imposed upon Petitioner, viz. (i) Petitioner was released from superannuation w.e.f. 31.06.2016, i.e. from the date of his retirement. (ii) Petitioner would not be entitled to anything except subsistence allowance from 24.06.2010 to 31.10.2013 and 30.12.2016, but, however, said period would be counted for all purposes. (iii) On the basis of ‘No Work No Pay’ the Petitioner was held not entitled for the salary for the period 01.11.2013 to 30.03.2016. (iv) Petitioner would not be entitled to any promotion. (v) 10% of pension of the petitioner shall remain withheld for 10 years. (vi) Payment of gratuity shall remain stay till disposal of Criminal Case lodged against the petitioner. 6. It is an admitted fact that Petitioner, thereafter, took steps for challenging aforesaid order of punishment which resulted into series of litigations, however, details thereof are not indicated herein as present issue in the writ petition only relates to fixation of final Pension of petitioner after deducting 10% pension amount from 01.01.2017 till 31.12.2026. 7. Admittedly, punishment order to the extent of 10% Pension of the petitioner was withheld for a period of 10 years, attained finality. 8. The grievance of the petitioner is that despite order dated 29.06.2017, by which 10% Pension was directed to be withheld for a period of 10 years, has attained finality, respondent-State of Jharkhand is not forwarding Pension Papers and relevant Service-Book, along with requisite sanction order to the office of Accountant General, Jharkhand, due to which petitioner is only receiving Provisional Pension to the extent of 90%, and, as yet, final Pension Order has not been issued. 2026:JHHC:20403 4 9. Further grievance of the petitioner is that under relevant rules, notifications, circulars, the petitioner is entitled for Medical Allowance of Rs. 1000/- per month upon superannuation, but said amount has also not been paid to the petitioner. 10. Ld. Counsel appearing for the petitioner, while referring to Annexure-9 of writ application, submitted that District Superintendent of Education, Kodarma vide Office Order contained in Memo No. 142 dated 28.01.2020, although fixed Provisional Pension, but service records including sanction for final fixation of Pension, have not been forwarded to the office of the Accountant General, Jharkhand despite several requests being made by the petitioner and all requisite formality fulfilled by him. 11. It was submitted that due to non-fixation of final Pension, petitioner is deprived of his valuable right of computation of Pension. It was further submitted that due to provisional fixation of Pension, petitioner has to go every month to Government Treasury for withdrawal of provisional Pension, whereas once final Pension Fixation Order is passed by Accountant General, Jharkhand, the amount towards Pension would be directly credited in his Bank account, through the office of the Accountant General. 12. The instant writ petition was taken up for consideration on 27th August, 2025 wherein respondent-State of Jharkhand was directed to bring on record final fixation pension order, if any, issued in favour of Petitioner. 2026:JHHC:20403 5 13. Consequent thereto, Counter Affidavit was filed by State of Jharkhand wherein, vide Para-21 thereof, it has been admitted that till date final Pension Payment Order has not been issued in favour of the petitioner. However, it was stated that final Pension entitlement of an employee cannot be fixed if criminal case is pending against the said employee. It was stated that against the Petitioner, one Chandwara P.S. Case No. 38 of 2017 under Sections 420, 406, 409 and 34 of I.P.C. is pending before competent court at Koderma and, thus, State Government is not taking steps for fixation of final Pension by forwarding requisite documents to Accountant General, Jharkhand. 14. Having heard learned counsel for the parties and upon perusal of the records, it is evident that it is not in dispute that penalty order under Rule 43(b) of Jharkhand Pension Rules, 2000 was passed against Petitioner withholding 10% of Pension of Petitioner for a period of 10 years i.e. from 01.01.2017 to 31.12.2026. Said fact is not disputed by Petitioner; rather, it is the case of the Petitioner that once penalty order has already been passed wherein 10% of Pension has been reduced, there is no occasion for Respondent-State of Jharkhand to still give only Provisional Pension to the Petitioner and not forward his Pension Papers and Service Book along with requisite sanction order to the office of Accountant General, Jharkhand for fixation of final Pension. 15. I find force in submissions of Ld. Counsel for the Petitioner that once final order under Rule 43(b) of Jharkhand Pension Rules has been passed, there is no occasion for withholding determination of final 2026:JHHC:20403 6 Pension of the Petitioner. For the sake of ready reference, Rule 43(b) of Jharkhand Pension Rules is quoted herein-under:- “43. …….. (b) The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct; or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on reemployment after retirement.” 16. Admittedly, the aforesaid Rule reserves the right with State Government to withhold or withdraw a Pension or any part of it, whether permanently or for a specified period from an employee for recovery of any pecuniary loss caused to the Government by said employee. 17. In present case, departmental proceeding was initiated against the Petitioner while he was in service and was subsequently converted under Rule 43(b) of Jharkhand Pension Rules, 2000 and, ultimately, final order of withdrawing 10% of Pension for a period of 10 years was passed. 18. Thus, once an order of withdrawing Pension for specified period was passed, there is no occasion for still withholding final fixation of Pension of the Petitioner, which, otherwise, at best, could have been withheld during pendency of departmental proceedings. Thus, action of Respondent-State of Jharkhand in not forwarding Service Book and Pension Papers including requisite sanction of Pension Order of Petitioner for final fixation of Pension by Accountant General, is contrary to the very object of Rule 43(b) of Jharkhand Pension Rules. 2026:JHHC:20403 7 In fact, Accountant General, Jharkhand itself wrote letter requesting the State Government to send Service Book and other Pension Papers of Petitioner, but even then, State Government is not forwarding the requisite documents. 19. In Supplementary Counter Affidavit, Respondents further took a ground that a criminal case against the Petitioner being Chandwara P.S. Case No. 38 of 2017 under Sections 420, 406, 409, 34of I.P.C. is pending against the Petitioner and it was stated that said criminal case relates to financial misconduct and embezzlement of Students Scholarship Fund that formed the basis of disciplinary punishment. 20. Thus, as per State Government, criminal case is pending against the Petitioner, but, even as per State Government, issue involved in criminal case has already formed the basis of disciplinary punishment which has been imposed upon Petitioner. In other words, State Government, by taking into consideration alleged misconduct/embezzlement of Students Scholarship Fund, imposed punishment of withholding 10% of Pension of the Petitioner for 10 years. 21. Under aforesaid circumstances, mere pendency of criminal case cannot be a valid ground for not issuing requisite sanction order and forwarding Service Book, etc. of the Petitioner to the office of Accountant General, Jharkhand for fixation of Pension. 22. So far as payment of Rs. 1000/- per month towards Medical Allowance is concerned; although the Respondents, in their Counter 2026:JHHC:20403 8 Affidavit, have not controverted the said facts, however, from pleadings in the writ application, it is not clear as to under what provision of law, Notifications, Circulars, etc. the Petitioner is entitled for Medical Allowance of Rs. 1000/- per month after superannuation. In that view, this Court cannot issue a Mandamus and, at best, can direct Respondent- State to consider payment of the said amount towards “Medical Allowance/expenses”, if the same is permissible under law. 23. Having regard to the aforesaid facts and discussions made hereinabove; the present writ application is partly allowed and Respondent-State of Jharkhand, more particularly, Respondent No.2 and Respondent No.5 are, hereby, directed to forward the concerned Pension Papers, Service Book of the Petitioner along with requisite sanction orders, to Accountant General (A&E) Jharkhand, Ranchi (Respondent No.4) in prescribed manner for sanction of final Pension fixation within a period of six weeks from the date of receipt of copy of this order. 24. Consequently, Respondent No.4-Accountant General, Jharkhand is directed to issue final Pension Payment Order in favour of the Petitioner fixing Petitioner’s Pension @ 90% for the period of 01.01.2017 to 31.12.2026 and 100% Pension with effect from 01.01.2027. Said exercise shall be completed by Accountant General, Jharkhand within a further period of six weeks from the date of receipt of requisite documents. 25. So far as claim of the Petitioner towards payment of Medical Allowance is concerned, Petitioner is directed to file a fresh 2026:JHHC:20403 9 representation before Respondent No.2 who shall consider and dispose of the same by passing reasoned and speaking order within a period of six weeks from the date of such representation. 26. It is clarified that if the said amount is admissible to the Petitioner in terms of relevant Govt. Circular, Notification, Guidelines, etc.; the same shall not be withheld only on account of pendency of Criminal Case being Chandwara P.S. Case No. 38 of 2017 and shall be consequently disbursed to the Petitioner within a period of six weeks from the date of the order and same should be continuously paid to Petitioner during his lifetime. 27. As a result, the instant writ petition stands partly allowed with the aforementioned observations/directions. Pending I.As., if any, shall stand disposed of and there shall be no order as to costs. (Deepak Roshan, J) Dated:10 /07/2026 Amardeep/ A.F.R Uploaded on 10.07.2026