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ANJANI KUMAR SHARAN
Badri Nath Jha – Appellant
Versus
State of Bihar – Respondent
Anjani Kumar Sharan, J. – Heard learned counsels for the parties.
2. The petitioner has approached this Court for the following reliefs: –
(i) For setting aside the order, issued by the respondent no.2 vide memo no.3554 dated 23.11.2022 (Annexure-11), whereby and whereunder the petitioner’s regularization and approval of his appointment made way back in the year 1980 has been cancelled and the claim of the petitioner for payment of arrears of his salary since June 2012 has also been rejected.
(ii) For directing the respondent authorities to make payment of arrears of the salary of the petitioner till he got superannuation on 30.06.2022 with all admissible allowances.
(iii) Directing the respondents authorities to make payment of all the retiral dues/benefits to the petitioners with interest.
(iv) Directing the respondent authorities to make payment of pension & gratuity to the petitioner at the earliest.
(v) Holding and declaring that the respondent no.2 was not authorized to hold that the appointment of the petitioner was illegal & irregular especially after the superannuation of the petitioner from service.
(vi) For any other relief(s) for which the petitioner may be found entitled to.
The court held that actions taken by authorities without following due process to invalidate service and withhold pension are illegal and unenforceable.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
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....
The absence of a specific ban order on recruitment invalidates claims of illegality in appointments, entitling the Petitioner to pension benefits.
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
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.
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