Pension and retiral benefits are an employee's rights and cannot be withheld solely due to pending criminal proceedings without conviction.

JUDGMENT :

Tarlok Singh Chauhan, C.J.

1. Heard the parties.

2. Aggrieved by the judgment passed by the learned writ Court, the appellant has filed the instant Letters Patent Appeal.

3. The brief facts of the case are that the respondent No. 1 was appointed as a lecturer in Hindi subject in B.N.J. College, Sisai, Gumla on 01.11.1984 for a period of one year temporarily and it was stated in the appointment letter that her services could be terminated any time without giving reasons during this period. Pursuant to the appointment letter, the respondent No. 1 joined the college on 07.01.1985.

4. On 08.02.2002, the respondent No. 1 was transferred to Ram Lakhan Singh Yadav College, (hereinafter to be referred as ‘R.L.S.Y.’ College) Kokar, Ranchi initially on deputation, whereby in addition to teaching, she was also required to perform duties at Tabulation Centre for which she was not to be granted duty leave. The respondent No. 1 joined the said college on 16.02.2002.

5. Thereafter, the respondent No. 1 on 07.11.2003 was appointed as a member of the Jharkhand Public Service Commission and took charge on the same date.

6. Respondent No. 1 was granted extraordinary leave without pay for 5 years vide Memo dated 28.02.2004.

7. Vide Memo dated 03.03.2005, respondent No. 1 was provisionally absorbed in the service of Ranchi University under Section 4 (14) of the Jharkhand State Universities Act, 2000.

8. On 06.04.2009, while the respondent No. 1 was on deputation in ‘R.L.S.Y. College, she was granted leave with lien (without pay) from 08.11.2008 to 07.11.2009, pursuant to meeting held by the Ranchi University dated 23.12.2008.

9. Subsequently, respondent No. 1 again joined back at the ‘R.L.S.Y.’ College on 07.11.2009 after being relieved by the Jharkhand Public Service Commission.

10. Thereafter vide Memo dated 12.03.2010 the respondent No. 1 was transferred to ‘R.L.S.Y.’ College, Kokar, Ranchi instead of deputation with effect from 07.11.2009.

11. On 02.06.2011, respondent No. 1 was arrested by the Vigilance Department and sent to jail.

12. Thereafter on 03.06.2011, respondent No. 1 was suspended from her service.

13. On 22.05.2015, the appellant-University requested for fixation of pay and revision of pay in accordance with 6^th Pay Revision in favour of respondent No.1.

14. On 30.01.2014, respondent No. 1 joined the ‘R.L.S.Y.’ College, after grant of bail and thereafter, regularly performed her duties with effect from 30.01.2014 to 03.03.2015 in the said college. During this period, the suspension of respondent No. 1 also came to be revoked vide order dated 14.03.2014 with effect from 30.01.2014.

15. However, on 04.03.2015, the appellant-University again suspended respondent No. 1 on the pretext of pending criminal proceeding against her, which involved moral turpitude and ordered her to report at the Headquarter of the Ranchi University.

16. Due to the serious nature of the allegations, the appellant- University on 18.12.2018 arrived at a decision to grant compulsory retirement to respondent No. 1 under the provisions of Section 67 of the Jharkhand State University Act , 2000.

17. On 17.01.2019, the appellant revoked the suspension order of respondent No. 1 dated 04.03.2015.

18. Immediately, thereafter on 25.01.2019, the appellant ordered the retirement of respondent No. 1 as per Section 67 of the Jharkhand State University Act , 2000 and paid her three months’ salary in lieu of notice period. Since the retiral benefits of respondent No. 1 were not being paid, she made various representations.

19. It is only on 19.12.2019 that the Principal of ‘R.L.S.Y. College sent the service record of respondent No. 1 and requested the appellant-University to settle the retiral benefits of respondent No. 1.

20. On 27.01.2020, respondent No. 1 made a representation for release of her P.