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HARISH KUMAR
Shambhudhar Jha, Son of Tripati Narayan Jha – Appellant
Versus
Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, District-Darbhanga through its Registrar – Respondent
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
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
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....
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
The main legal point established in the judgment is the requirement of completing a minimum qualifying service of 10 years for pension eligibility, as per the relevant statutes and precedents.
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.
Court emphasized the inclusion of prior service in pension calculations, affirming eligibility as per established rules.
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