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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
Subhash Thakur, S/o. Late Nagendra Thakur - Petitioner
Versus
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna & Ors. - Respondents
Civil Writ Jurisdiction Case No. 591 of 2021
Decided On : 08-02-2023
PENSION - POST RETIREMENT BENEFITS - Article 226 of the Constitution of India, Bihar State Universities Act, 1976, Section 35 - The court interpreted the provisions of the Bihar State Universities Act, 1976, particularly regarding 'qualifying service' for pension eligibility, emphasizing that uninterrupted service, even if initially under a temporary appointment, counts towards pension benefits. The court also highlighted the principle that employees should not suffer due to administrative delays in regularization, thus allowing the petitioner to claim benefits under the Old Pension Scheme despite the introduction of a New Pension Scheme.
Fact of the Case:
The petitioner, who served as Laboratory Incharge at K.V.S. College since 1979, sought post-retirement benefits including pension, gratuity, and leave encashment after retiring on 31.01.2016. His service was initially regularized in 1992, but salary payments were halted, leading to a series of legal challenges regarding his employment status and entitlement to benefits.
Finding of the Court:
The court found that the petitioner had rendered uninterrupted service and was entitled to count his entire service period for pension benefits. It ruled that the delay in regularization and the lack of stipulations in his appointment regarding the New Pension Scheme did not negate his rights to benefits under the Old Pension Scheme.
Issues: Whether the petitioner is entitled to post-retirement benefits under the Old Pension Scheme considering his uninterrupted service and the circumstances surrounding his regularization.
Ratio Decidendi: The court held that uninterrupted service, even if initially under a temporary appointment, qualifies for pension benefits. It emphasized that administrative delays should not prejudice the rights of employees to receive their entitled benefits.
Final Decision: The writ petition was allowed, directing the respondents to pay all retiral benefits under the Old Pension Scheme, accounting for the petitioner's entire service period, to be completed within three months.
JUDGMENT :
Harish Kumar, J.
Heard Mr. Bhavendra Jha, learned counsel for the petitioner, duly assisted by Mrs. Anju Jha, Mr. Nadim Seraj, learned counsel for the University and Ms. Namrata Singh, learned AC to GA-12, for the State.
2. By invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner seeks direction upon the respondents to grant and make payment of post retirement benefits of pension, gratuity and leave encashment in favour of the petitioner, who retired from the post of Laboratory Incharge, Department of Physics in K.V.S. College, Uchaith, Benipatti, Madhubani (hereinafter referred to as ‘K.V.S. College’) on 31.01.2016 after taking into account the uninterrupted service since 17.05.1979 along with the interest on delayed payment.
3. Shorn of unnecessary details, the relevant facts, which are necessary for adjudicating the present matter is/are that the petitioner was appointed against 1st post of Laboratory incharge on 17.05.1979 by the then Governing body of the College vide letter no. 28/79 dated 17.05.1979 (Annexure-1). The College, in question, was made constituent in December, 1980. Subsequently, 47 posts of Class-III and IV working employees of the College, including one post of Laboratory Incharge of Physics on which the petitioner was working was sanctioned by the State Government vide letter no. 298 dated 09.03.1990.
4. In pursuant to the order of the Chancellor of the Universities, the services of the petitioner and others were regularized and payment of salary was started to him vide Annexure-3 to the writ petition, but subsequently the payment of salary to the employees including the petitioner was stopped, but they were allowed to continue to work, as would be evident from letter no. 24764 dated 02.11.1993, issued by the Registrar of the University (Annexure-11 to the rejoinder). The aforesaid order was challenged by the employees, including the petitioner before this Court in C.W.J.C. No. 6145 of 1996, which was disposed of on 09.05.1997 with a direction to the University to fill up all sanctioned posts in regular manner within six months by issuing an advertisement and following the selection process giving age relaxation to the petitioners for the period they actually worked.
5. The University in response to the direction of this Court dated 09.05.1997 published an advertisement on 18.02.2002. Since the University took more than five years to issue advertisement, instead of six months, despite the mandate of this Court, the petitioner and others again moved this Court in C.W.J.C. No. 3377 of 2002 assailing the said advertisement on the ground that the advertisement was published belatedly, hence, they are entitled for their regularization, however, the petitioner along with other employees had also applied in response to the advertisement dated 18.02.2002. The said writ petition was disposed of on 09.02.2010 vide Annexure-4 to the writ petition with a direction to the respondents to complete the selection process pursuant to the advertisement dated 18.02.2002 within four months after giving them due relaxation of age.
6. In compliance to the aforesaid direction of this Court, as contained in order dated 09.02.2010, the selection committee was constituted by the University and on the recommendation of the said selection committee, the Vice-chancellor of the University made appointment of 43 non-teaching Class-III and IV employees in the prescribed pay scale in the K.V.S. College vide Memo No. 10863-936/12 dated 11.08.2012 (Annexure-6) issued under the signature of the Registrar of the University. The name of the petitioner finds place at serial no.1 on the post of laboratory incharge of Physics department and having been attained the age of superannuation at the age of 62 years, finally superannuated on 31.01.2016 from the post of Laboratory Incharge.
7. It is the case of the petitioner that he was appointed in the year 1979 by the Governing body of
Uninterrupted service, regardless of initial temporary status, qualifies for pension benefits under the Old Pension Scheme, and administrative delays in regularization cannot deprive employees of the....
Continuous service in a sanctioned post qualifies for pension benefits, despite delays in regularization, as per the Bihar State Universities Act.
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
The main legal point established in the judgment is the requirement of completing a minimum qualifying service of 10 years for pension eligibility, as per the relevant statutes and precedents.
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.
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