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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Prabhu Nath Prasad Singh @ Prabhu Nath Singh, Son of Late Rudra Deo Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna – Respondent
JUDGMENT :
HARISH KUMAR, J.
This Court has heard Mr. Aditya Narayan Singh, with Mr. Satyendra Narayan Singh, learned Advocates for the petitioner and Mr. Anil Kumar Verma, learned Advocate for the State. The Accountant General, Bihar is represented through Mrs. Ritika Rani, learned Advocate.
2. The grievance of the petitioner, in the present writ petition, is confined to three folds; Firstly, the respondent authorities be directed to issue a formal order of superannuation of the petitioner with effect from 28.02.2022, the date on which he attained the age of 67 years, as a Medical Officer; Secondly, for a direction to accept the pension forms/documents of the petitioner so that his pension and other retiral benefits be calculated and paid to him, and thirdly, to issue a direction to ensure payment of arrears of salary w.e.f. 11.08.1997 till the date of retirement with due promotion and increment of salary.
3. The reliefs, aforenoted, have been sought for in the premise of the facts that the petitioner after completing the MBBS Course and on being found eligible joined Ranchi Medical College vide notification no.7(2) dated 02.08.1981 in the pay scale of Rs.610-1155/-. The appointment of
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Prolonged unauthorized absence from service results in salary forfeiture beyond three years prior to filing a writ petition, while pensionary rights are preserved post-superannuation.
Pension is a deferred compensation for past services and a statutory right that can only be deprived in accordance with the law.
The court established that work-charged and unjustified suspension periods count towards qualifying service for pension eligibility, even post voluntary retirement, with limits on retrospective claim....
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