Pradeep Kumar Vs Education

The petitioner has filed this writ petition to direct the respondents to compute the services of the petitioner for the purpose of computation of pension and for post retirement benefits from the date of his initial appointment from 20.11.1979 and accordingly direct the respondents to pay pension, gratuity and other post retirement benefits from that date.

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The case of the petitioner is that he was appointed as Laboratory Assistant in the year 1979 at Shri Raghunandan Tiwary College, Dhamri, Godda, which at the relevant time was not a constituent college. College was granted a status of constituent college in the year 1980 and was taken over as a government college on 14.10.1982. That though the college was taken over by the government on 14.10.1982, the service of the petitioner and others similar situated candidates was not absorbed. Subsequently, the respondent No.4 passed an order absorbing the services of the petitioner from the year 2010 against a vacant post.

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The petitioner is claiming that since he has given his services from 1979, the computation of his pensionery benefits should be from 1979 instead of 2010.

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Mr. Mithilesh Singh, learned counsel appearing on behalf of respondent-University has submitted that as the service of the petitioner

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was confirmed against a vacant sanctioned post in the year 2010, he is not entitled for the pensionary benefits from 1979.

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Learned counsel for the petitioner has relied upon the decision of this Court passed in W.P.(S) No.2931 of 2023 dated 27.02.2024 wherein the Hon’ble Single Bench of this Court has directed the respondents to compute the pension of the writ petitioner Shailesh Chandra Prasad from date of his joining and not from date of confirmation of his service.

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Reliance has also been placed upon Rule 14(i) of the Manual of Bihar Universities Laws (Section-II, Pension), which provides as under:-

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14 (i) “Qualifying service” means service rendered as a member of the staff of the University in a substantive capacity including periods spent on probation. All services rendered in the University on a full time basis on a temporary or officiating capacity followed without interruption by substantive appointment in the same or any other post shall count as qualifying service except in respect of periods of service in “ work charged” establishment and periods of service paid from “contingencies”.

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In view of specific provisions of Rule 14(i) of the Manual of Bihar Universities Laws (Section-II, Pension), the petitioner is entitled for computation of his pensonary benefits from the date when he has joined the service. This issue has also been laid down in W.P.(S) No.2931 of 2023 in the case of Shailesh Chandra Prasad Vs. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Ranchi and others.

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Accordingly, this writ petition is allowed. The respondents are directed to compute the period of pensionary benefits from the date of joining as claimed by the petitioner.

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Pending I.A., if any, also stands disposed of.

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(Ambuj Nath, J.)

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Jay/-

Pradeep Kumar v. Education

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Pradeep Kumar v. Education

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