Disposed¶34

Bidya Bhushan Ram v. the State of Jharkhand

Jharkhand HC29 Jan 2026WPC/5302/2024

Case brief

AI extract

What is this about?

Rule 43(c) Jharkhand Pension Rules 2000; provisional pension; gratuity withheld; death-cum-retirement gratuity; criminal case pending; Prevention of Corruption Act; compulsory retirement; pension payment through Treasury; retired government employee Jharkhand; Memo No.217 dated 29.02.2024; District Supply Officer Hazaribag; writ petition disposed of without interference; monthly pension month-to-month disbursement; Ananda Sen, J.; 29.01.2026.

What did the court decide?

Writ petition disposed of without interfering with the impugned order; direction given that the petitioner's monthly pension be regularly disbursed on a month-to-month basis without delay for his subsistence. ¶34

Bidya Bhushan Ram Vs the State of Jharkhand — Corruption | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents can withhold the petitioner's full pension and gratuity on the ground that a criminal case is pending against him. +1 more

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Court's answer

Per Rule 43(c) of the Jharkhand Pension Rules, 2000, where a departmental or judicial proceeding is instituted or continued against an officer/employee after retirement, only a provisional pension not exceeding the maximum admissible pension is to be sanctioned, and no gratuity or death-cum-retirement gratuity shall be paid until conclusion of such proceedings and issue of final orders; hence the respondents can withhold part of the pension and the gratuity while a criminal case is pending, till its disposal.

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Ratio / Principle

Since a criminal case is admittedly pending against the petitioner under the Prevention of Corruption Act, the respondents are well within their jurisdiction to withhold the gratuity and part of the pension.

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Key takeaways

The monthly pension of the petitioner (already sanctioned provisionally) must be regularly disbursed to him on a month-to-month basis, without any delay, for his subsistence.ratio¶32

Detailed headnote1 paragraphs

High Court of Jharkhand (W.P.(S) No.5302 of 2024, decided 29.01.2026, Ananda Sen, J.): A retired employee challenged Memo No.217 dated 29.02.2024 whereby his full pension and gratuity were not released on account of a criminal case pending against him under the Prevention of Corruption Act, with only provisional pension being paid through the Treasury. Examining Rule 43(c) of the Jharkhand Pension Rules, 2000, the Court held that where a departmental or judicial proceeding is instituted or continued against a retired officer/employee, only a provisional pension not exceeding the maximum admissible pension may be sanctioned and no gratuity or death-cum-retirement gratuity shall be paid until conclusion of the proceedings and issue of final orders; consequently, the respondents were well within their jurisdiction to withhold the gratuity and part of the pension. Without interfering with the impugned order, the Court disposed of the writ petition, making it clear that the monthly pension must be regularly disbursed month-to-month without delay for the petitioner's subsistence.

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2026:JHHC:2512

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5302 of 2024

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------

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Bidya Bhushan Ram, son of Dinesh Ram, resident of Village Pilkhi More, P.O. & P.S. Sisai, District Gumla (Jharkhand).

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… … Petitioner

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Versus

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The State of Jharkhand. 2. The Principal Secretary, Department of Food and Civil Supply, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

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The Deputy Commissioner, Hazaribag, at Hazaribagh, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand.

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District Supply Officer, Hazaribag, at Hazaribagh, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand.

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… … Respondents

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------

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CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s): Mr. Shubham Gautam, AC to AAG ------

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05/ 29.01.2026

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Heard learned counsel representing the petitioner and

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learned counsel representing the respondents.

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2. The petitioner is challenging the order as contained in Memo No.217 dated 29.02.2024 (Annexure-7 to the writ petition), whereby the full pension of the petitioner and gratuity have not been released in favour of the petitioner.

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3. Learned counsel representing the petitioner submits that only provisional pension is being paid to the petitioner and the entire gratuity has been withheld on the ground that a criminal case is pending against the petitioner. He further submits that the provisional pension is being paid through the Treasury, as such the payment is irregular.

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4. Learned counsel representing the respondent – State

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2026:JHHC:2512

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submits that as per Rule 43 (c) of the Jharkhand Pension Rules, the petitioner is not entitled to get full pension and gratuity due to the pendency of the criminal case.

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5. Rule 43 (c) of the Jharkhand Pension Rules, 2000, reads

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as hereunder:-

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“43. (c) Where any departmental or judicial proceeding is instituted or continued against an officer/employee who has retired on attaining the age of compulsory retirement or otherwise, he shall be sanctioned by the Government which instituted such proceeding, during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension, but no gratuity or death-cumretirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon.”

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6. From the aforesaid provisions, it is clear that the respondents can withhold the part of the pension and the gratuity, if a criminal case is pending against the employee, till disposal of the criminal case.

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7. Admittedly, a criminal case is pending against the petitioner under the Prevention of Corruption Act.

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8. Thus, the respondents are well within their jurisdiction

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2026:JHHC:2512

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to withhold the gratuity and part of the pension.

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9. It is admitted that the respondents have sanctioned pension provisionally.

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10. It is made clear that monthly pension of the petitioner should be regularly disbursed to the petitioner on month-to-month basis, without any delay for his subsistence.

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11. With the aforesaid observations, without interfering in

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the impugned order, this writ petition stands disposed of .

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29^th January, 2026 Prashant. Cp-2

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Uploaded on 04.02.2026

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Bidya Bhushan Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bidya Bhushan Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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