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HARISH KUMAR
Bishwanath Prasad Suman – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—This Court has heard Mr. Kumar Kaushik, learned Advocate for the petitioner and Mr. Abbas Haider, learned Advocate for the State as well as Mr. Prasson Sinha, learned Advocate for the BREDA.
2. The petitioner is aggrieved by the office order contained in Memo No. 382 dated 08.03.2018 issued under the signature of the respondent no. 5, whereby the claim of petitioner for payment of pension has been turned down. The petitioner also sought a direction upon the respondent State of Bihar in its Energy Department to fix and pay the pension of the petitioner, who superannuated on 30.09.2013 from the post of Junior Engineer, while being deputed at Bihar Renewable Energy Development Agency (hereinafter referred to as the ‘BREDA’) and further for directing the aforesaid respondent authorities to make payment of arrears of pension and other consequential benefits with effect from the date of his superannuation.
3. The brief facts of the case which led to the filing of the present writ petition are that the Government of Bihar in the Department of Energy constituted a Committee at the district level for appointment of Junior Engineer and Technician on sanctioned post under the B
The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.
Continuous service and regularization can establish entitlement to pension, overriding initial non-permanent employment status.
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
A pension is a right under constitutional law, and its claim can be waived if alternative benefits are accepted, as evidenced in this case by the employee's adoption of the EPF Scheme.
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
Temporary service against substantive government post, continued without interruption or repatriation beyond limited secondment period, counts fully as qualifying service for pension under CCS Pensio....
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