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HARISH KUMAR
Pooja Verma (only Daughter of Late Sudha Verma (mother) and Late Mauti Prasad Verma (Father) – Appellant
Versus
Patna University, Patna – Respondent
JUDGMENT :
(Harish Kumar, J.)
Heard Mr. Arif Raza, learned Advocate for the petitioner, duly assisted by Mr. Md. Ataul Haq, and Mr. Mrigank Mauli, learned Senior Advocate with Mr. Manish Dhari Singh, learned Advocate for the University.
2. The petitioner claims herself to be the only issue and legal heir of late Professor Sudha Verma (mother) and late Mauti Prasad Verma (father), as per the family list issued by the Circle Officer, Patna Sadar, has preferred the present writ petition seeking a direction for fixation and payment of all the pre and post retiral benefits, including Pension, Gratuity, Group Insurance and GPF of the petitioner’s deceased mother.
3. It is the contention of the learned Advocate for the petitioner that the mother of the petitioner, late Professor Sudha Verma served as a Lecturer/Reader in the Department of Philosophy, Patna University from 31.01.1978 till her superannuation upon attaining the age of 62 years on 30.11.2004. On submission of joining of the late mother of the petitioner on 31.01.1987 till 30.09.1995 the University has paid her full salary and also deducted GPF contribution but all of a sudden the University arbitrarily stopped payment of her s
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.
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 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....
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 court held that actions taken by authorities without following due process to invalidate service and withhold pension are illegal and unenforceable.
Post-retiral benefits cannot be claimed without explicit legal provisions; temporary status of an institution does not confer entitlement to benefits as a permanent employee.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
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