JUDGMENT : 

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The petitioner who has superannuated from the post of Headmaster, Government Middle School, Bundu, Ranchi w.e.f. 30.9.2024 has moved before this Court for payment of full and final pension, commutation of pension and the Gratuity amount along with interest.

3. Learned counsel for the petitioner submits that the petitioner has been appointed as an Assistant Teacher w.e.f. 12.9.1994 and had been allowed promotion to Grade-IV vide office order contained in Memo No. 3244 dated 5.11.2015 retrospectively w.e.f. 1.4.2003. The promotion on Grade-IV has been granted notionally, however, the financial benefits had been directed to be made from the date of joining.

4. Learned counsel for the petitioner further submits that in view of the large number of vacancies on the post of Headmaster in the District of Ranchi, this Court in writ petition being W.P.(C) No. 638/2024, vide its order dated 14.6.2024 has taken into account the submissions of the State authorities that the District Education Establishment Committee had decided to promote 39 eligible teachers to Grade-VII and had accordingly directed the State authorities to consider the cases of the petitioner for promotion on the post of Headmaster.

5. Since the name of the petitioner figured in the list of 39 such persons, the petitioner vide office order no. 1685 dated 8.7.2025 had been promoted to the post of Headmaster at Government Middle School, Abhyasik, Bundu.

6. It has also been submitted that pursuant thereto the petitioner has submitted his joining on the post of Headmaster w.e.f. 09.07.2024 and had continued to discharge the duties of Headmaster and was also getting the pay scale.

7. The petitioner on attaining the age of superannuation has superannuated w.e.f. 30.9.2024 and there is a specific assertion in the writ petition that there had been no judicial proceeding or departmental proceeding pending against the petitioner and even there had been no evidence in the name of the petitioner.

8. After the superannuation the petitioner had been sanction provisional pension @ 90% and his Gratuity and commutation of pension has not been paid, whereafter the petitioner had represented before the respondent authorities and had moved before this court.

9. It has also been asserted that the Office of the Accountant General, Jharkhand has also sought for information in relation to any disciplinary enquiry pending in terms of the notification of the Finance Department dated 23.07.2018.

10. A counter affidavit has been filed on behalf of the D.S.E, Ranchi primarily contending that the petitioner is being paid provisional pension but his claim for final pension, gratuity and commutation of pension cannot be processed at this stage due to subsisting legal impediment arising from judicial order which directly affects the promotional position and consequential financial entitlement. It has also been submitted that the respondents are withholding the amount due to judicial constraint.

11. In the aforesaid facts and circumstances, the question that arises for consideration is that whether the respondents can withhold the pension and gratuity of the petitioner.

12. Admittedly, there is no departmental proceeding or judicial proceeding pending against the petitioner and the State authorities cannot recourse to Rule 43(b) or 43(c) of the Jharkhand Pension Rules to withhold the pension and gratuity on the pretext that the matter of retrospective grant of promotion of teachers is pending consideration before the Hon’ble Apex Court.

13. The provisions of Rule 43(c) of the Jharkhand Pension Rules are being reproduced herein below: -

“43(c). Where any departmental or judicial proceeding is instituted or continued against an officer/employees 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 reti