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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
| Table of Content |
|---|
| 1. grievances regarding pension and salary due to delay in posting. (Para 2 , 3 , 4) |
| 2. arguments regarding continuity of service and entitlement to benefits. (Para 5 , 6 , 7) |
| 3. state's defense regarding petitioner's long absence and lack of effort. (Para 8) |
| 4. court's observations on notification and implications for service. (Para 9 , 10 , 11 , 12 , 13) |
| 5. no misconduct found; focusing on service record and rights. (Para 14 , 18) |
| 6. judicial principles on abandonment of service and implications. (Para 15 , 17 , 22) |
| 7. department's decision to regularize service and compute pensions. (Para 19 , 20) |
| 8. court's emphasis on petitioner’s lack of initiative for postings. (Para 21 , 25 , 26) |
| 9. principle against laches in claims based on continuing wrong. (Para 27) |
| 10. entitlement to retiral benefits without salary for waiting period. (Para 28) |
| 11. final ruling and conclusion of the case. (Para 29) |
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 Advoca
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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