Back
HARISH KUMAR
Uday Chandra Mishra – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J. – Since the issue(s) involved in both the writ petitions are identical in nature, with the consent of the parties, they are taken up together and disposed of by a common order. However, for the purposes of easy references, the facts of both the writ petitions are being recorded separately.
2. Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioner; Mr. Amit Bhushan, learned counsel for the State as well as Md. Nadim Siraj, learned counsel for the L.N. Mithila University, Darbhanga (for short “the University”) (in C.W.J.C. No. 9131 of 2022) and Mr. Vikas Kumar, learned counsel for the petitioner; Mr. Madhaw Prasad Yadav, learned counsel for the State and Md. Nadim Siraj, learned counsel for the University (in C.W.J.C. No. 5914 of 2023).
Re.:C.W.J.C. No. 9131 of 2022
3. The petitioner by invoking the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of the letter no. 249 dated 07.02.2022 issued under the signature of respondent no.4, whereby the Pay Verification Cell duly constituted by the State Government has withheld the pay slip of the petitioner, relying upon which the University stopped the payme
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 cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
The State Government lacks jurisdiction to cancel a university's regularization notification, which violates principles of equality and the Bihar State Litigation Policy.
The court held that actions taken by authorities without following due process to invalidate service and withhold pension are illegal and unenforceable.
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
