Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:28553 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont (Civil) Case No. 184 of 2025
--------- Rohit Rakesh, aged 50 years, S/o Late Vishwanath Mishra, R/o House No. 145/2/3, Road No. 13, near Housing Office, Adityapur, P.O. & P.S. – Adityapur, District- Seraikella-Kharsawan.
......Petitioner(s)
Versus
1. The State of Jharkhand
2. Ravi Prakash S/o not known, Chairman, Adityapur Notified Area Committee, P.O. and P.S. – Adityapur, District – Seraikella- Kharsawan.
3. Parul Singh, D/o not known Special Officer, Adityapur, Notified Area Committee, P.O. and P.S. Adityapur, District – Seraikella- Kharsawan.
.....Opposite Party(s)
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : Mr. Abhishek Thakur, Advocate For the Opp. Party(s) : Mr. Sachin Kumar, AAG-II
--------- 09/Dated:-21.09.2026
1. A show case has been filed by Adityapur Municipal Corporation wherein at para-10, it has been stated that the answering opposite party has sanctioned for pension, earned leave and gratuity to the petitioner vide order dated 26.02.2026. However, unfortunately, the petitioner died during the pendency of the present proceeding and after filing of show cause. The show cause was filed way back on 09.03.2026 when a query has been posed from the State-respondent that while the payment has not been made; it has been replied that one of the legal heir has made a complain before the answering respondent so they have not proceeded for further process with regard to payment.
2026:JHHC:28553 2
2.
Learned counsel appearing for the State fairly submits that unless and until a succession certificate is being submitted by either of the legal heirs, they are unable to process the entire payment.
3.
Learned counsel for the petitioner fairly wants two weeks’ time to file rejoinder to the show cause which was filed way back on
09.03.2026.
4. The law with regard to apportionment of money of the deceased-employee is no more res integra, however, it is also to be seen whether the complainant is a genuine person or not, as such, interest of justice would be sufficed by directing the petitioner to submit a succession certificate with regard to the amount which has been sanctioned or all the legal heirs of the deceased-employee shall submit a joint affidavit and also appear before the respondent authority physically to show the genuineness on a particular date and thereafter, the entire money shall be distributed among the legal heirs in accordance with law.
5. With the aforesaid observations, the instant application stands
disposed of.
6. It goes without saying that if the petitioner chooses to file a joint affidavit along with other legal heirs, then the concerned authority shall verify the same and take a decision with regard to payment within a period of 12 weeks on the date of receipt of such request.
(Deepak Roshan, J.) SEPTEMBER 21st, 2026 Simran/ -uploaded-26.09.2026