Back
2008 Supreme(Pat) 1008
PATNA HIGH COURT
R.M.Lodha and Kishore K.Mandal JJ.
Prof.(Dr.) Ram Dinesh Sharma
Versus
T.M.Bhagalpur University
Letters Patent Appeal No. 434 of 2008 ;
Decided On : JULY 23, 2008
The decision taken by the State Government for the merger of 50% Dearness Relief in the basic pension of the State Government pensioners with effect from 1st January, 2005 becomes applicable to the University pensioners as well.
Headnote:
Dearness Relief - Pension Entitlement - Bihar Universities Act, 1976, Section 35, Statute-16 of the Statutes - [Section 35 of the Bihar Universities Act, 1976] - The court discussed the applicability of Section 35 of the Act and Statute-16 of the Statutes in relation to the entitlement of pension and Dearness Relief for retired University employees. It concluded that the decision taken by the State Government for the merger of 50% Dearness Relief in the basic pension of the State Government pensioners with effect from 1st January, 2005 becomes applicable to the University pensioners as well, and no separate order by the State Government generally or specifically for that purpose is required.
Fact of the Case:
The appellant, a retired University Professor, sought direction for the merger of 50% of the Dearness Relief in the basic pension from 1st January, 2005.
Finding of the Court:
The court found that the retired University employees are entitled to the merger of 50% Dearness Relief in their basic pension with effect from 1st January, 2005.
Issues: Entitlement to merger of Dearness Relief in basic pension for retired University employees.
Ratio Decidendi: The decision taken by the State Government for the merger of 50% Dearness Relief in the basic pension of the State Government pensioners with effect from 1st January, 2005 becomes applicable to the University pensioners as well.
Final Decision: The appellant is entitled to the merger of 50% of Dearness Relief in his basic pension with effect from 1st January, 2005. The respondent nos. 1 to 4 are directed to compute the petitioner's pension accordingly and pay him arrears of pension within six weeks and continue to pay him pension in the future accordingly.
1. The appellant is the original writ petitioner. Upon attaining the age of superannuation he retired from the service of Tilka Manjhi Bhagalpur University on 31st January, 2004. At the time of retirement, he was working on the post of University Professor and the Head of Post Graduate Department of Economics and the Dean Social Science of the University.
2. The petitioner approached this court for diverse reliefs inter alia for a direction to the T.M. Bhagalpur University and its authorities to pay him post retiral benefits and other admissible dues and also for a direction to them to merge 50% of the Dearness Relief in the basic pension of the petitioner from 1st January, 2005.
3. The single Judge after hearing the parties directed the University-authorities to pay unpaid retiral benefits and other admissible dues vide his order dated 18th March, 2008. To that extent, the appellant has no grievance. The grievance in this appeal is confined to non-merger of 50% of the Dearness Relief in the basic pension of the petitioner from 1st January, 2005.
4. At this stage itself, we may refer to Section 35 of the Bihar Universities Act. 1976, upon which reliance is placed by the counsel for T.M. Bhagalpur University. Section 35 reads thus:
35. No, post for appointment shall be created without the prior sanction of the State GovernmentNotwithstanding anything contained in this Act, no University or any College affiliated to such a University, except such College (a) as is established, maintained or governed by the State Government; or
(b) as is established by a religious or linguistic minority;
[(i) After the commencement of this Act no teaching or non-teaching post involving financial liabilities shall be created without the prior approval of the State Government:
(ii) shall either increase the pay or allowance attached to any post, or sanction any new allowance;
Provided that the State Government may, by an order, revise the pay scale attached to such post or sanction any new allowance.
(iii) shall sanction any special pay or allowance or other remuneration of any kind including ex-gratia payment or any other benefit having financial implication to any person holding a teaching or non-teaching post;
(iv) shall incur expenditure of any kind on any development scheme without the prior approval of the State Government.
(2) Notwithstanding anything contained in this Act, no College other than one mentioned in clauses (a) and (b) of sub-section (1), shall, after the commencement of this Act, appoint any person on any post without the prior approval of the State Government: Provided that the approval of the State Government shall not be necessary for filling up a sanctioned post of a teacher for a period not exceeding six months, by a candidate possessing the prescribed qualification.
[(3) Any appointment or promotion made contrary to the provisions of this Act, or Statutes, Rules or Regulations made thereunder or made in irregular or unauthorized manner shall be invalid and shall be terminated at any time. The expenditure incurred by the University against such appointment or promotion shall be realized from the officer making such appointment or promotion as a public demand under the provisions of the Public Demands Recovery Act, 1914].
5. On the other hand the counsel for the appellant heavily relied upon the Statute-16 of the Statutes which reads thus:
"16. An employee eligible for pension under any of the categories mentioned above, shall be granted pension according to the scales given in Schedule A (i) if he ceased to be in University service between 1.4.72 and 31.12.72 and Schedule A(ii) if he ceased to be in University service between 1.1.73 and 30.3.79. For those who ceased to be in University service from 31.3.79 onwards, the scales given in Schedule A(iii) will be applicable. Any further change in the rate of pension as also relief in pension under the Bihar (Govt.) Pension Rules, will be equally applicable to the Univer
