Allowed

Kameshwar Jha v. The State Of Bihar and Ors.

Patna HC19 Apr 2024CWJC/19240/2015

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What is this about?

A retired employee challenged the calculation of benefits based on the old retirement age. Upon the university enhancing the retirement age to 62 with retrospective effect, the Court directed the payment of all consequential monetary benefits treating the retirement date at 62 years.

What did the court decide?

Direction to pay all consequential monetary benefits treating retirement at 62 years.

Kameshwar Jha Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19240 of 2015

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Kameshwar Jha

... ... Petitioner/s

Versus

The State Of Bihar and Ors

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Durga Nand Jha Mr.Mrityunjay Kumar Tiwary For the State : Mr.Kumar Alok- SC 8 For the University : Mr. Deepak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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5 19-04-2024

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Heard learned Counsel for the parties concerned.

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Learned Counsel for the petitioner submits that the petitioner retired from the post of Clerk from Darbhanga Sanskrit University, Darbhanga, in the year 2013, at the age of 60 years.

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During the course of argument, learned Counsel for the petitioner produced before this Court the notification of the University, dated 28.08.2023, and submits that now the age of retirement has been increased from 60 years to 62 years with effect from 31.03.2006 with all benefits.

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Since the petitioner has retired in the year 2013, at age of 60 years, as such he is entitled to be given all the benefits treating his date of retirement at 62 years.

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Learned Counsel placed reliance on a decision of this

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Patna High Court CWJC No.19240 of 2015(5) dt.19-04-2024 2/2

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Court, rendered in C.W.J.C. No. 9767 of 2019 and submits that similar relief was granted to the petitioners of that writ application.

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Learned Counsel for the University does not dispute the factum of enhancement of the age of retirement up to 62 years with effect from 31.03.2006.

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In view of the aforesaid submissions advanced on behalf of the parties, this writ application is allowed and the University is directed to pay all consequential monetary benefits to the petitioner treating his date of retirement upon attaining 62 years.

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(Anil Kumar Sinha, J.)

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siwani/-

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U √

Kameshwar Jha v. The State Of Bihar and Ors.

Case brief

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Kameshwar Jha v. The State Of Bihar and Ors.

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