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S. N. PATHAK
Satya Narayan Tiwary – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
The issues involved in these writ petitions are common and hence the same have been heard together and being disposed of analogously. Since in all these writ petitions, almost the same facts are there and hence for the purpose of convenience, the facts of W.P.(S) No. 5861 of 2018, titled as ‘Jharkhand Pradesh Madarsa-Sanskrit Sikshak Sawanmay Samiti & Ors. Vs. The State of Jharkhand & Ors.’ are being taken into consideration.
2. Heard the learned counsel appearing for the petitioners and learned Addl. Advocate General as well as other learned counsel representing the respondent-State, as also the learned counsel appearing for the respondent-Accountant General.
Prayers
3. The petitioners have thrown challenge to Resolution No. 1773 dated 21.06.2018 issued under the pen and signature of the Additional Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi, whereby the earlier Resolution No. 2020 dated 24.10.2014 by which the employees of 186 recognised Non-Government Madarsas and 12 recognized Non-Government Aided Sanskrit Schools, appointed on or before 30.11.2004 were made entitled to receive pension / gratuity, has been cancelled /
The court established that the annulment of pensionary benefits without adherence to constitutional requirements and without justifiable reasons is arbitrary and unconstitutional, violating the accru....
The right to pension is recognized as a property right under Article 300-A of the Constitution, and employees who have completed the qualifying service are entitled to pensionary benefits regardless ....
The judgment emphasizes that the classification of pensioners for revised pension must be based on a rational principle with a nexus to the object sought to be achieved, and any arbitrary classificat....
The court established that the State has the authority to set educational qualifications for teachers and that the writ court cannot alter policy decisions unless they are found to be arbitrary or un....
The court established that financial aid eligibility for lecturers in minority institutions is contingent upon the date of their appointment relative to the policy decision of 09.12.1982, which restr....
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