SHAILESH KUMAR SINGH v. THE STATE OF JHARKHAND THROUGH THE DIRECTOR, SECONDARY EDUCATION
WPC/6882/2024 · 2026-08-13
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23646 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23646 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:24859
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6882 of 2024
…… Shailesh Kumar Singh, aged about 70 years, son of Late Rajendra Prasad Singh resident at House No. 4A, Shyam Bachau Path, Uliyan Kadma, P.O. & P.S. Kadma, District East Singhbhum at Jamshedpur. …. Petitioner(s) -VERSUS-
1. The State of Jharkhand, through the Director, Secondary Education, Govt. of Jharkhand having its office at Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.
2. The District Superintendent of Education, West Singhbhum, P.O. & P.S. Chaibasa, District West Singhbhum at Chaibasa.
3. Regional Joint Director of Education, Kolhan Division, Singhbhum West at Chaibasa, P.O. & P.S. Chaibasa, District - West Singhbhum.
4. The Accountant General, Jharkhand, P.O. & P.S. Doranda, District - Ranchi.
5. Project Management Unit, Department of Finance through the Secretary, having its office at Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi.
…..Respondent (s)
……
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner(s) : Mr. Rahul Kumar, Adv
For the Respondent (s) : Mr. Ravi Kerketta, S.C.-VI
For the Res.-A.G
: Dr. A.K.Singh, Adv
……
7/13.08.2026
1. Heard learned counsel for the parties. 2. In the instant writ application, the petitioner had prayed for a direction upon the respondent authorities to revise the salary of the Petitioner in the light of the letter no. 237 dated 21.3.2023 passed by the Regional Joint Director of Education in terms of the order dated 4.3.2020 passed by this Court in L.P.A. No. 585/2016 (Annexure-2), and to consequently revise the Gratuity and Pension payable to the petitioner in the light of the revised last drawn pay. 3. The petitioner has also prayed for allowing the benefits and replacement scale under the 7th Pay Revision. 2026:JHHC:24859
4. A counter affidavit has been filed on behalf of respondent D.S.E, West Singhbhum- Chaibasa, wherein it has been admitted that the revised pay scale has been allowed to the petitioner and his service book and pension papers had been forwarded to the Accountant General. The letter of the Senior Accounts Officer dated 28.02.2025, refers to certain discrepancies which is being quoted herein below:
“1 Pension was authorized taking last pay Rs 21560/- Whereas from service book it is clear that the pay of Govt. Servant was further revised after retirement resulting last pay Rs 24700/-. As such, before effecting Pre-2016 Rev. Revision due to change in pay is required. As such, case should be submitted online through e-pension portal as per Fin. Deptt. Letter No. 1564 dated for revision due to change in pay. Thereafter Pre-2016 revision will be done accordingly.”
5. When the counsel for the State respondents was confronted with the said stand of the respondent Accountant General, he had stated that the office of the respondent D.S.E. and the petitioner had tried to upload and submit the revised pension papers online, however it was not being uploaded due to some technical glitch in the software and the hard copies had been forwarded to the office of the Accountant General. 6.
The aforesaid fact reveals a very sorry state of affair where a retired person is being deprived of revised pension and gratuity due to non-acceptance and fault in uploading of the revised pension papers online, although order for revision of the pension has been issued and hard copies of the same had been forwarded. It is very painful and disheartening that despite of order of revision of pension being passed long back, the same is not being given effect to due to technical glitch in the software. 2026:JHHC:24859
7. The Finance Department has setup Financial Management Unit for its employees and if the process is being delayed due to technical issues in the software, it was the cardinal duty to rectify and sort out the same at the earliest and for the failure and delay, the retired person could not have been made to suffer. The payment of retiral dues to the employees should not be treated to be a bounty or charity but a hard-earned statutory right of the employees. 8. For the forgoing reasons and considering the delay in the disbursement of revised pension and gratuity on account of technical glitch, this Court in the light of the
judgment of the Hon’ble Supreme Court of India in the case of State of Kerala & others Vs. M. Padmnabhan Nair (1985) 1 SCC 429, in the case of S.K. Dua Vrs. State of Haryana, [(2008) 3 SCC 44] and in the case of D.D. Tewari Vrs. Uttar Haryana Bijli Vitran Nigam Ltd., reported in AIR 2014 SC 2861, direct the respondents to release the admitted and revised pension and gratuity along with simple interest of 6% per annum to be calculated from the date of accrual to the date of actual payment and the same should be paid within a period of 08 weeks from the date of receipt of a copy of this order, failing which the simple interest shall be deemed to be compound interest.
9. Accordingly, the instant writ application stands allowed. Pending I.A., if any, also stands closed.
(Deepak Roshan, J) 13.08.2026 Amardeep/ Uploaded on 20.8.2026