Back
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
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 quashing the order contained in Memo No.1304 dated 30.05.2022, passed by the Director, Higher Education, Education Department, Patna, Bihar, by which the appointment/regularization of service of the petitioner has been disapproved and further a direction has been issued to the concerned University to ensure further action on the basis of the said order. Further the aforesaid order has been issued in contravention of the Judgment and Order dated 09.01.2020 passed in C.W.J.C. No.10892 of 2019 as well as letter no.15/lh 2509//2019-2617 dated 13.11.2019, issued by the Director, Higher Education/Respondent No.2 (ii) For commandin
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
