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HARISH KUMAR
Shanti Singh – Appellant
Versus
T. M. Bhagalpur University Bhagalpur – Respondent
Harish Kumar, J.—Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner, Mr. Prabhakar Jha, learned counsel for the State and Mr. Ritesh Kumar, learned counsel for the T.M., Bhagalpur University.
2. The petitioner, hapless widow of the erstwhile employee who attained the age of his superannuation on 31.03.2016 and subsequently died on 12.11.2018, has invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution, seeking a direction upon the respondents concerned to sanction and pay all the post retiral benefits of her late husband along with other dues after supplying the details of calculation in relation to the said claims to the petitioner in advance. The petitioner also sought a direction upon the respondents to sanction and grant family pension to the petitioner w.e.f. 13.11.2018 and to ensure payment of arrears of family pension till the respondents concerned starts making payment to the petitioner’s family pension. The petitioner also seeks a direction to make payment of arrears of salary claim of petitioner’s husband, which has been withheld by the respondent-University from May, 2013 in terms of the order dated 21.04.2010 passed
The main legal point established in the judgment is the exclusive power and jurisdiction of the University in the matter of absorption of staff of constituent colleges, as provided in Section 4(1)(14....
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
The State Government lacks jurisdiction to cancel a university's regularization notification, which violates principles of equality and the Bihar State Litigation Policy.
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.
An employee's service cannot be deemed broken due to the employer's failure to absorb them properly, violating natural justice principles; service must be counted for pension and related benefits.
An employee's right to pension is statutory and cannot be forfeited without due process, emphasizing the need for formal inquiry before denying benefits due to unauthorized absence.
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