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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Mulmul Devi, W/o Late Soman Bhagat – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. retirement benefits eligibility and applicant's status. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments on validity of appointment and entitlement. (Para 11 , 12 , 13 , 14 , 15) |
| 3. enforcement of due process in civil service employment. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. requirement of a hearing before termination. (Para 30 , 31 , 32) |
| 5. court's order to pay all retirement benefits. (Para 34 , 35 , 36) |
JUDGMENT :
HARISH KUMAR, J.
Heard Mr. Shiv Kumar, learned Advocate for the petitioner, Mr. Kamlesh Kishore, learned Advocate for the State and Mr. Ram Kinker Choubey, learned Advocate for the Accountant General.
2. The original petitioner came before this Court seeking a direction upon the respondent authorities to fix and pay all his retiral benefits, including pension, gratuity, leave encashment, provident fund, group insurance and other legal dues payable to him after counting his entire period of service from 18.01.1981 to 30.06.2014 as well as the benefits under ACP/MACP with up-to-date interest.
3. It would be pertinent to mention here that during the pendency of the writ petition, the original petitioner died on 12.10.2024 and pursuant to the order of
Appointments must be validated through due process; wrongful termination without fair hearing violates Article 311 rights, making the claim for retiree benefits legally enforceable.
Allegations of forgery must be substantiated by due process; denying retirement benefits without proper enquiry is unjustified, especially posthumously.
Point of law: even otherwise under Article 23 of the Constitution the ‘Begar’ is prohibited. In that case the recovery order was issued on the basis of direction issued by the Court. There was no dis....
Fraudulent or illegal appointments, even if continued for a long time, are void ab initio and cannot be justified.
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
Termination of employment must adhere to principles of natural justice, and decisions affecting rights like pensions cannot be reversed without following due process.
Point of Law : Misconduct literally means wrong conduct or improper conduct. In usual parlance, misconduct means a transgression of some established and definite rule of action, where no discretion i....
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