Petitioner sought pension arrears stopped from September 2018. Court ruled that appointment and regularization were valid, dismissing State's contention and directing payment of dues.
Respondents directed to pay due pension from September 2018 within four months and to release funds for the same.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3340 of 2019
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Hari Narayan Tripathy, S/o - Sukhdeo Tripathy, R/o - Village and P.O - Manikpur Pakri Via Lalganj, Dist. - Vaishali was working as Lecturer, Department of Psychology, Dharma Samaj Sanskrit College, Muzaffarpur
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the State of Bihar : Mr. S.K. Ranjan, A.C. to G.P. 17 For the University : Mr. Gyanand Roy, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 21-01-2021
Heard the parties.
The petitioner has sought for issuance of a command against the respondents to pay arrears of pension to the petitioner from September, 2018 as well as current pension because the respondents abruptly stopped payment of pension to the petitioner from September, 2018.
The petitioner joined on 16.02.1977 as Lecturer (Psychology) in Krishnamadhavanand Sanskrit College, Thanamath
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Patna. One post of Lecturer besides other posts of Lecturer and other staff was already sanctioned by the State Government vide Annexure-2, letter dated 16.11.1976, a copy at Annexure-8 to the supplementary affidavit. The services of the petitioner was regularized by the University Selection Committee (the competent authority for the purpose) vide order dated 15.06.2013 at Annexure5/1. The petitioner retired on 31.01.2014. Thereafter, the petitioner was getting pension. However, from September, 2018, the pension of the petitioner was stopped.
Probably, for the claim of the State-respondents in their counter affidavit that the petitioner was never appointed on substantive basis on the post of Lecturer nor his service was regularized or absorbed according to law, pension of the petitioner and others was stopped.
Learned counsel for the petitioner submits that identical order was passed in the matter of other retired teachers also in respect of their identical grievance in separate writ applications and this Court issued direction to the respondent-authorities to make payment of pension from the due date at the earliest. Reference has been made to orders passed in C.W.J.C. No. 10458 of 2019, C.W.J.C. No. 10892 of 2019 and C.W.J.C. No. 4666 of 2019. A copy of the order dated 05.10.2020 passed in C.W.J.C. No. 4666 of 2019 is at Annexure-10 to the supplementary affidavit wherein the Court has taken,
Patna High Court CWJC No.3340 of 2019 dt.21-01-2021 3/3
judgments in other writ applications referred above, into consideration and had issued direction to the respondents to make payment of the due pension.
On the basis of material noticed above, I do not find any merit in the contention of the State-respondents that appointment of the petitioner was not against the sanctioned post or was through out a temporary appointment. Likewise, the regularization of the service of the petitioner was by a competent authority.
Hence, prayer of the petitioner deserves to be allowed. Accordingly, the respondents are directed to make payment of due pension of the petitioner from September, 2018 within four months.
Learned counsel for the respondent no. 3 to 6 submits that the State-respondent no. 1 and 2 be directed to release fund at the earliest for payment of the dues of the petitioner. Accordingly, the respondent no. 1 and 2 are directed to release the fund for pension of the petitioner to be paid within the aforesaid time.
Accordingly, this writ application stands allowed.
(Birendra Kumar, J)
Kundan/-
| AFR/NAFR | N.A. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 22.01.2021 |
| Transmission Date | 22.01.2021 |
2 issues framed by the court
Whether the petitioner is entitled to arrears of pension from September 2018 after his service was regularized.
Whether the State must release funds for pension payment within the specified timeline.
HARI NARAYAN TRIPATHY
STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT
SECRETARY, HIGHER EDUCATION, HUMAN RESOURCE DEVELOPMENT DEPARTMENT
KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY
VICE-CHANCELLOR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY
REGISTRAR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY
BIRENDRA KUMAR ORAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
