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IN THE HIGH COURT OF JUDICATURE AT PATNA
Anjani Kumar Sharan
Manidhar Mishra son of Late Jatadhar Mishra – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Education – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment and pension status are disputed. (Para 5) |
| 2. petitioner's employment history and regularization. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. issues regarding pension payments and procedural mishaps. (Para 12 , 13 , 14 , 15 , 16) |
| 4. court scrutinizes statutory compliance for appointment legitimacy. (Para 17 , 26) |
| 5. legal arguments regarding validity of appointment. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. service regularization and pension withholding are legal hotbeds. (Para 25) |
| 7. court's verdict on quashing orders. (Para 27) |
| 8. order for payment of pension and compliance. (Para 28 , 29 , 30) |
JUDGMENT :
Anjani Kumar Sharan, J.
Re:- I.A. No.1 of 2022
2. The present I.A. No.01/2022 has been filed on behalf of the petitioner to add the additional reliefs as mentioned in paragraph-1 of this application.
3. Having heard learned counsel for the parties, as the present Interlocutory Application being formal in nature, is not opposed, and hence is allowed.
4. Accordingly, I.A. No.1/2022 is hereby stands disposed of.
Re:- C.W.J.C. No.9974 of 2022
Heard learned counsels for the parties.
5. The present writ application has been filed for the following reliefs:-
(i) For quashin
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 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.
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....
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 court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
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