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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, Harish Kumar, JJ.
The State of Bihar through the Principal Secretary, Education Department and ors. – Appellants
Versus
Surendra Prasad Sinha, Son of Late Deoki Nandan Prasad – Respondent
Letters Patent Appeal No.280 of 2021 In Civil Writ Jurisdiction Case No.864 of 2020
Decided On : 06-04-2022
Service Law – Retiral Benefits – Remuneration earned for services rendered is a right that cannot be denied – In present case, delay in disbursement of dues takes on character of undisputed/admitted dues and employee is entitled to timely disbursement – State's action of not paying retiral dues of a teacher has deprived of a person of his hard earned money but also put into question good service of imparting education to next generation – State prevented welfare of its own citizens which goes against core objectives of a welfare State like India – State as a model employer is a promoter of economic justice – It must not create a situation so as to put hopes of employee in despair – Trust, which an employee reposes upon employer, is not to be betrayed – Writ petitioner's service of more than three decade as a teacher cannot be disregarded, especially after State itself must be held accountable for lax attitude in enforcing standards of employees in educational institutions – It is in interest of justice that writ petitioner's services be recognized and money he has earned be paid to him – Pending salaries and retiral dues along with statutory interest of writ petitioner-respondent herein shall be calculated and paid within a period of four weeks. (Paras 15, 16, 18, 23, 25 and 26)
Service Law – Pension – Pension is deferred portion of compensation for rendering long years of service – It is a hard-earned benefit, accruing to an employee in nature of property – Pensionary provisions must be given liberal construction more so as a social welfare measure – It is not a bounty to be dispersed contrary to rules, but very basis for grant of such pension is to facilitate a retired government employee, live with dignity, in winter of his life – This fundamental principle must be kept in mind while taking action, depriving benefits which ought not to be done, unreasonably, more so, on technicalities. (Paras 19 and 20)
JUDGMENT :
Sanjay Karol, J.
Following issues arise for consideration in this appeal before this Court:-
(iii) What are the responsibilities that accrue upon the State as an employer and whether in the present facts those responsibilities have been met?
2. The writ petitioner in CWJC No.864 of 2020 titled as Surendra Prasad Sinha versus The State of Bihar and Ors. approached the Court seeking the following reliefs:
3. The learned Single Judge by an order dated 23rd June, 2020 disposed of the writ petition directing the respondent no.4 namely The District Education Officer, Nawada to take a final decision upon the writ petitioner’s (respondent herein) claim as per law and pay the amount due to him, with proper calculation within eight weeks from the date of the order.
4. Aggrieved by the impugned order, the State of Bihar and its authorities-appellants herein assails the order on the following grounds :-
(ii) The departmental proceeding was initiated against the writ petitioner, which was converted into Rule 43(b) of the Bihar Pension Rules, 1950 and the same is pending.
FACTS
5. Writ petitioner Surendra Prasad Sinha was appointed as an Assistant Teacher at Project Girls High School, Nawada on 06.01.1985.
6. Pursuant to an order dated 03.01.2006 passed in Civil Appeal No.6676-6681 of 2001 titled as State of Bihar & ors. vs. Project High School Teachers’ Association and others, three member committee was constituted to examine the appointment of teachers by Managing Committee of Project Girls High School, who in turn filed an enquiry report. On the basis of the said report, the Director, Secondary Education, Bihar, Vide an office order dated 24.06.2008 (Annexure-2, Page-22), regularized the services of the petitioner and others, contingent upon them fulfilling certain conditions. The said office order is extracted hereinunder:-
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The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
The main legal point established in the judgment is that retirement benefits are a right of the employee, not a discretionary payment, and should be granted in accordance with established legal princ....
Continuous temporary service without interruption qualifies for pension under the Uttar Pradesh Contributory Provident Fund Insurance Pension Rules, regardless of Provident Fund contributions.
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