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K. VINOD CHANDRAN, PARTHA SARTHY
L. N. Mithila University, Kameshwar Nagar, Darbhanga through the Vice Chancellor – Appellant
Versus
Subhash Thakur Son of Late Nagendra Thakur – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
The appellant is the L.N. Mithila University, who is aggrieved with the impugned judgment directing the writ petitioner’s past services, in the post of Laboratory In-charge (Physics), with effect from 09.03.1990, to be considered for the purpose of retirement benefits, which also was to be paid under the Old Pension Scheme.
2. The learned Single Judge allowed the claim of the petitioner on multiple grounds. It was found that though the petitioner was continuing in the post from 09.03.1990, on which date, the Government had sanctioned the post, there was no attempt to make regular appointments to the said post till the year 2010. Even then, the petitioner was appointed in the year 2012 in a post he was continuing right from the date of sanctioning. It was found that the Chancellor had once granted regularization which was later cancelled. Twice, the petitioner, along with others similarly situated were before this Court seeking regularization; which writ petitions were disposed of directing regular appointment to be carried out, which was delayed indefinitely.
3. Reliance was placed on Direct Recruit Class-II Engineering Officers Association v. State of
Continuous service in a sanctioned post qualifies for pension benefits, despite delays in regularization, as per the Bihar State Universities Act.
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....
Inaction by the State in not regularizing long-serving employees cannot deprive them of valid pension benefits under existing rules, irrespective of completed qualifying service requirements.
State delays in regularizing services do not justify withholding pension benefits for long-serving employees; equal treatment and fair engagement practices must be upheld.
The court confirmed that employees' past service before regularization must be counted for pension eligibility, and delays in regularization by the State do not negate their entitlement.
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....
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