The court held that actions taken by authorities without following due process to invalidate service and withhold pension are illegal and unenforceable.

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 commanding the respondents to not withheld/stop the monthly pension, which is being paid to the petitioner since 01.08.2016 till date.

(iii) For quashing the letter No.646, dated 09.07.2022, issued by the Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga, by which the petitioner’s service has been declared invalid, following which he has been deprived of all the pensionary benefits including the monthly pension.

(iv) For any other relief(s) to which the petitioner may be found entitled to in the facts and circumstances of the case.

6. Learned counsel for the petitioner submits that the case of the petitioner in nutshell is that on the basis of due selection process, petitioner was appointed as Lecturer in History by the Secretary of the Managing Committee of Maharani Adhirani Rameshwar Lata Sanskrit Mahavidyalaya, Darbhanga (hereinafter referred to as the MARLS College) on the sanctioned and vacant post of lecturer in the Department of History in the aforesaid college vide memo no.12/80 dated 14.07.1980. Subsequent to his appointment, petitioner submitted his joining in the aforesaid college on 15.07.1980 and the Registrar of the Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as ‘the University’) vide Memo No.3009 dated 16.09.1982 has provisionally approved the service of the petitioner from 15.07.1980 to 31.12.1981.

7. He further submits that the Registrar of the University vide his Memo No.59 dated 05.03.1983, has approved the petitioner’s joining from 01.04.1981 upto 31.12.1982, and vide Memo No.612 dated 15.04.1983, he approved the extension of service of the petitioner from 01.07.1983 till further order. Thereafter, the Registrar of the University issued an order contained in Memo No.10299 dated 07.12.1999, by which the petitioner was transferred from MARLS College to Lalit Narayan Sanskrit Mahavidyalaya, Jaijaipatti, Darbhanga. He was again transferred to Ramautar Gautam Sanskrit Mahavidyalaya, Ahilya Sthan, Darbhanga, vide memo no.288/03, dated 17.01.2003, issued by the Registrar of the University following which the petitioner had submitted his joining on 01.02.2003 in the afores