Petitionerclaimed pension and gratuity. Court held that without interfering the State order declaring appointments illegal, retiral dues cannot be paid. Writ petition disposed with liberty to move appropriate forum.
None. Liberty granted to move before appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 15445 of 2017
===========================================================
Ram Sundar Singh, S/o Late Munshi Singh, Resident of Village and Post- Nima Chatarbhuj, P.S.- Rafiganj, District- Aurangabad.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate For the University : Ms. Archana Palkar Khopde, Advocate For the State : Mr. J.K. Roy-1 (SC-13)
Mr. Hitesh Suman, AC to SC-13
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 27-08-2018
Heard learned counsel for the petitioner and Veer
Kunwar Singh University (hereinafter referred to as the ‘University’). Nobody appears on behalf of the State.
reliefs:
“(i) For issuance of an appropriate writ in the nature of Mandamus, commanding/directing the respondent authorities to fix the pension of the petitioner and also pay the commuted value of pension as per the last pay withdrawn by the petitioner.
(ii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to pay the amount of gratuity with statutory as well as penal interest.
(iii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondents authority to pay the all retiral dues like General Provident Fund, Gratuity, Group Insurance and earn leave etc.
Patna High Court CWJC No.15445 of 2017 dt.27-08-2018
2/2
(iv) For issuance of writ in the nature of command directing the respondents authorities to give the benefit of the post of Demonstrator and also give the benefit of ACP as per the promoted post of Demonstrator and then fied the pension accordingly.
(v) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authority to pay the penal interest @ rate of 12% on the aforesaid amount till the date of actual payment.
(vi) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which writ petitioner shall be deemed entitled in the facts and circumstances of the case.”
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
3 issues framed by the court
Whether the petitioner is entitled to retiral dues when the Department has declared appointments illegal.
Whether the Court can direct payment of pension and gratuity pending the decision on legality of appointments.
Whether the writ petition should be disposed of or remanded.
Ram Sundar Singh
State of Bihar through Commissioner cum Secretary Human Resources Development
Director, Higher Education, Bihar
Vice Chancellor, Veer Kunwar Singh University
The Registrar, Veer Kunwar Singh University
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
