Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.

JUDGMENT :

Considering the identical nature of grievance based upon the similar facts, with the consent of the parties, both the writ petitions have been heard together and disposed off by a common order.

2. Heard Mr. Durga Nand Jha, learned Advocate for the petitioners and Mr. Prabhakar Jha, learned GP-27 (in CWJC No. 516 of 2019) and Mrs. Binita Singh, learned SC-28 (in CWJC No. 12689 of 2023). The University is represented through Mr. Deepak Kumar, learned Advocate along with Mr. Mukund Mohan Jha, learned Advocate.

3. The petitioners were duly appointed on the post of Lecturer against the sanctioned post of different subjects in Dr. Jagannath Mishra Sanskrit College Pastan Navtoli, Madhubani (for short ‘the College’), an affiliated degree Sanskrit College under the Kameshwar Singh Darbhanga Sanskrit University (for brevity ‘the University’). Upon attaining their age of superannuation after completing 65 years, the petitioners were superannuated. Despite the recommendation made by the College with a request to pay the admissible amounts under Triple Benefit Scheme to the petitioners, they were not accorded their admissible benefit(s) and subsequently, the pension of the petitioners have been fixed on the lower pay-scale without taking into consideration of their length of service and the pay fixation made by the University; compelling them to invoke the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution. The petitioners sought a direction upon the respondents to pay retiral benefits, including full pension on the basis of last pay drawn in 6th Pay Revision pay-scale, leave encashment for 300 days, provident fund, gratuity and other admissible retiral benefits in the light of Resolution dated 05.11.1980 and the amendment of the statute thereon by the University as contained in letter no. 1709/08 dated 28.03.2008 and also in the light of the Notification contained in Memo No. 5447-5481 dated 22.07.2014 issued under the signature of the Registrar by the order of the Vice Chancellor of the University. The petitioners, in sum and substance, seek an appropriate declaration that the University while fixing their pension ought to have considered that they fulfill the qualifying service of more than 35 years as provided in Part-II, Section (ii) Clause 14(1) and the Clause 14(iii) of the statute and thus they are entitled to get full pension as well as the difference of pension by revising their P.P.O(s).

4. The short facts, which led to the filing of the present writ petitions, are that the petitioners were initially appointed on the post of Lecturer in the year 1979/1980 against the sanctioned and vacant post under the different subjects. The services of the petitioners were duly approved by the University from the date of their initial appointment and further concurred by the Bihar College Service Commission (hereinafter referred to as ‘the Commission’). Pursuant to the approval of the appointment of the petitioners, they were discharging their duty in the College and were being paid their salary by the University out of the fund released by the Government. While the petitioners were working on the sanctioned post against different subjects, an advertisement bearing no. 852/94 was published by the Commission for selection of Principal in Permeshwari Veena Sanskrit College, Andharatharhi. The petitioner in C.W.J.C. No. 12989 of 2023 submitted his application and on being found eligible and having seen good performance in the interview, his name was recommended for appointment against the post of Principal. Pursuant to which, the Secretary of the Governing Body of the College issued appointment letter vide letter no. G-60/2000 dated 05.05.2000.

5. Similarly, one another advertisement bearing no. 882/94 was issued, against which the petitioner in C.W.J.C. No. 516 of 2019 submitted his application for permanent appointment on the post of Lecturer; on being found eligible, his name was recommended by the Comm