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Judgment
The present contempt application has been filed against the O.P.No.2 alleging wilful disobedience and non-compliance of the order dated 11.04.2023 passed by this Court in W.P.(S) No. 6481/2014.
Reference may be made to the order dated 21.08.2026, which reads as under:
“I.A. No. 11899 of 2026
The present interlocutory application has been filed on behalf of the opposite party no. 2.
2.Mr. Manish Kumar, learned Sr. SC-II appearing on behalf of the opposite parties, refers to paragraph nos. 10 and 11 of the I.A., which read as under:
“10.That it is humbly stated and submitted that the Treasury Officer, Hazaribagh has paid the salary difference amount of Rs. 88,780/- (Rupees Eight-eight thousand seven hundred eighty only) to the petitioner.
11.That it is humbly stated and submitted that the Accountant General, Jharkhand, Ranchi has been requested for the pension revision on the basis of Revised Pay slip in favour of the petitioner vide 2026:JHHC:25921 Department letter no. 3561(S)WE dated 13.08.2026.”
3.It is thus submitted that the order dated 11.04.2023 passed in W.P.(S) No. 6481 of 2014 has substantially been complied. Under the said circumstance, the opposite party no. 2 by way of the present I.A. has also prayed for his exemption from personal appearance in terms of the order dated 31.07.2026.
4.As against this, learned counsel for the petitioner submits that in compliance of the order dated 11.04.2023 passed by this Court in the aforesaid writ petition, the departmental authorities were required to make payment of difference of leave encashment, difference of gratuity and pension etc. Though the difference of pension is now be paid by the Accountant General, Jharkhand, however, the difference of leave encashment is still to be paid by the departmental authorities to the petitioner. It is, however, submitted that the difference of salary i.e., Rs.88,780/-has been transferred to the bank account of the petitioner.
5.Learned Sr. SC-II submits that if a short adjournment is granted in this case, the difference of leave encashment, if admissible, will also be paid to the petitioner.
6.Considering the said submission of learned Sr. SC-II, let this case be listed under the heading “For Orders” in the next Friday (28.08.2026).
7.The opposite party no. 2 shall ensure that the difference of leave encashment, if admissible, shall positively be paid to the petitioner before the next date. The opposite party no. 2 shall pursue the matter with the Accountant General so that the difference of pension is released in favour of the petitioner without further delay.
8.I.A. No. 11899 of 2026 is allowed and the personal appearance of the opposite party no. 2 is dispensed with until further orders.”
Pursuant to the order dated 21.08.2026, Mr. Manish Kumar, learned Sr. S.C-II appearing on behalf of the O.P.No.2, submits that difference of leave encashment has already been paid to the petitioner. He further submits that so far as difference of gratuity and pension is concerned, in terms with the order
2026:JHHC:25921
dated 21.08.2026 passed in the present case, the Department of Road Construction, Government of Jharkhand has communicated the Accountant General (A&E), Jharkhand, Ranchi vide letter dated 24.08.2026 to expedite payment of same to the petitioner.
Learned counsel for the petitioner accepts that difference of leave encashment has already been paid to the petitioner. He however submits that the petitioner has not yet received any communication from the office of the Accountant General (A&E), Jharkhand, Ranchi with respect to payment of difference of gratuity and pension.
Considering that the O.P.No.2 has substantially complied the order dated 11.04.2023 passed by this Court in W.P.(S) No. 6481/2014, there is no need to further proceed with the matter.
The contempt proceeding as against the O.P.No.2 is dropped.
The present contempt application stands disposed of.
So far as difference of gratuity and pension payable to the petitioner is concerned, keeping in view the letter dated 24.08.2026 issued by the Department of Road Construction, Governemnt of Jharkhand, the Accountant General (A&E), Jharkhand, Ranchi is directed to issue gratuity/pension revision order within two weeks from the date of communication of this order.
If the said order is not issued by the Accountant General (A&E), Jharkhand, Ranchi, the petitioner will be at liberty to prefer another contempt application before this Court.
Let this order be communicated to the Accountant General (A&E), Jharkhand, Ranchi and a copy of the communication dated 24.08.2026 be kept on record.