IN THE HIGH COURT OF JUDICATURE AT PATNA
ANJANI KUMAR SHARAN, J.
CWJC No.283 of 2023
(25.2.2025)
Badri Nath Jha ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
University Law – Appointment and regularization – Petitioner's appointment and regularization on the post of Assistant Professor and consequently payment of salary and pension denied on the ground that prior approval of the State Government before appointment was not obtained – In view of the judicial decision in Braj Kishor Singh's Case, there is no requirement to take prior approval of the State government, when the post is already sanctioned and the petitioner can be said to be legally appointed as the post was advertised and he was appointed after facing the interview for daily wages and in view of said decision, 'post facto' approval of the State government is not required – Impugned order cancelling the regularization and approval of his appointment set aside – Authorities directed to pay the monthly pension and the arrears of salary and consequential benefits within 2 months – Writ petition allowed. (Paras 18, 19, 25 & 26)
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.
3. Learned counsel for the petitioner submits that the short fact of the case is that petitioner is a superannuated Assistant Professor from the Department of Ved. He got superannuated on 30.06.2022 from Baba Saheb Ram Sanskrit College, Panchadi, Darbhanga (hereinafter referred to as ‘the College’) under the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga (hereinafter referred to as “the University”).
4. The petitioner, after due process of selection was appointed as Lecturer in the Department of Ved in the Kalyani Mithila Sanskrit College, Deep, Madhubani on 26.02.1980, and he joined the said post on 01.03.1980. Subsequently, vide letter dated 15.03.1982 the petitioner got concurrence from the Bihar College Service Commission, Patna. He continued to receive his salary even after Kalyani Mithila Sanskrit College was taken over by the University. Thereafter, he was transferred to the College from where he got superannuation.
5. He further submits that vide Office Order dated 01.09.2010, the service of the petitioner stood confirmed by the University w.e.f 01.04.1980 and vide Office Order dated 01.06.2012, he was also granted the benefits of sixth pay revision. Subsequently, vide Office Order dated 06.03.2013 the service of the petitioner was regularized w.e.f. 01.04.1980 by the decision of the University Selection Committee.
6. He further submits that when the salary of the petitioner was not paid since June 2012, then the petitioner along with other similarly situated persons approached this Court vide C.W.J.C. No.12290 of 2018 for payment of their arrears of salary. The said writ was disposed of by this Court vide order dated 09.09.2019 with a direction to the respondents to make payment of salary to the petitioners within a time frame after examining their service records but when within the stipulated period no salary was paid to the petitioners by the University then a contempt application bearing M.J.C. No.5075 of 2019 due to non-compliance of the aforesaid dated 09.09.2019 was filed. The said M.J.C. is still pending before this Court.
7. The respondent-University instead of paying the amount of arrears of salary to the petitioner directed the Principal of the College to stop taking work from the petitioner. Consequently, the concerned Principal issued a letter to the petitioner on 30.08.2019 restraining him from performing his duty in the College.
8. Being aggrieved, petitioner assailed the order of the Principal dated 30.08.2019 before this Court vide CWJC No.20976 of 2019.
9. Vide letter dated 24.02.2020, the University was directed by the Respondent no.2 to communicate all the concerned persons including the petitioner to be present on New Secretariat, Patna on 09.10.2020 with all testimonials and service records so that their service mig
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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