2026:JHHC:3459-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6621 of 2024 ------ Shambhoo Sharan Singh @ Shambhu Sharan Singh, aged about 65+ year s/o Late Damodar Singh resident of Middle Chutia, P.O. & P.S.- Chutia, District- Ranchi ... Petitioner Versus 1. Union of India through, Director General, E.S.I.C. Corporation, Panchdeep Bhawan, P.O. & P.S.- New Delhi New Delhi- 110002. 2. Regional Director (Admn. Branch), Regional Office, E.S.I. Corporation, Panchdeep Bhawan, P.O. & P.S.- Namkum, District:- Ranchi-834010 3. Deputy Director (Admn. Branch), ESI Corporation, Regional Branch, P.O. & P.S.- Namkum, District-Ranchi-834010 ... Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI ------ For the Petitioner : Dr. Vandana Singh, Advocate For the E.S.I.C. : Mr. Ashutosh Anand, Advocate : Mr. Sahbaj Akhtar, Advocate ------ 10/Dated: 9th February, 2026 1. The matter was heard on several dates in which Dr. Vandana Singh, learned counsel, had put her appearance representing the petitioner. 2. On the last occasion, the matter was heard on 05.02.2026 and after detailed hearing, Dr. Vandana Singh, learned counsel for the petitioner, has sought for adjournment to seek instruction from the petitioner. 3. Today, when the matter has been taken up, she has submitted that the sole basis of removal of the writ petitioner from the service is his conviction in the criminal case being R.C. Case No. 9(A)/09-R and the conviction is under challenge by way of filing of an appeal being Cr. 2026:JHHC:3459-DB 2 Appeal (ST) No. 31/2015. 4. Further, she has submitted that now the writ petitioner has attained the age of superannuation, and as such, the question of consequential/pensionary benefit arise, therefore, she has sought for liberty to ventilate the grievance after disposal of the said criminal appeal. 5. So far as the issue of compensatory allowance is concerned, to be paid in pursuance of the provision of Rule 41 of the C.C.S. (Pension) Rules, 1972, admittedly, the said issue had not been raised before the learned Tribunal and considering the fact that the issue has not been raised before the learned Tribunal, the court of first instance, the same cannot be agitated before this Court while exercising the power of judicial review under Article 226 of the Constitution of India. 6. As such, she, on instruction, has sought for leave of this Court to search out remedy for raising the issue of compensatory allowance. 7. Learned counsel appearing for the E.S.I.C., the contesting respondent, has not made any opposition to that effect. 8. Considering the submission made by Dr. Vandana Singh, learned counsel representing the petitioner, the instant writ petition being W.P. (S) No. 6621 of 2024 is disposed of with the liberty to the petitioner to ventilate the issue of consequential/pensionary benefit after disposal of the Cr. Appeal (ST) No. 31 of 2015 depending upon its outcome. 2026:JHHC:3459-DB 3 9. Accordingly, the instant writ petition being W.P. (S) No. 6621 of 2024 stands disposed of with the liberty as aforesaid. 10. Pending interlocutory application(s), if any, also stands disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) 9th February, 2026 Samarth