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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Manoj Kumar, Son of Late Siya Sharan Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. eligibility for retirement benefits based on valid appointment. (Para 2 , 3) |
| 2. false documents lead to invalid employment conditions. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. issues regarding confirmed appointments and benefits eligibility. (Para 10 , 11 , 12 , 13) |
| 4. legal rights tied to valid employment; fraud nullifies benefits. (Para 14 , 15) |
| 5. findings against the petitioners; application dismissed. (Para 16 , 17) |
JUDGMENT :
Deepak Roshan, J.
1. Heard learned counsel for the parties.
2. The Petitioners, who are sons of late Siyaram Prasad, have approached this Court for payment of death-cum- retiral dues of their father who had passed away on 01.06.2015.
It has been pleaded and argued that the father of the petitioners was appointed as Science Teacher in G.E.L. Middle School, Umbubaha, Arki, District Ranchi on 5.4.1983. He was appointed on the sanctioned post, inasmuch as, there were five sanctioned posts.
It has further been argued that the father of the petitioners had earlier moved before this Court vide W.P.(S) No. 2494/2004 for pay revision, which has been disposed of vide order dated 10.5.2004 and for non-compliance of the order dated 10.5.2004, a contempt application
Rights to salary and pension are contingent upon a valid appointment; appointments based on forged documents are void and offer no entitlement to benefits.
Appointments must be validated through due process; wrongful termination without fair hearing violates Article 311 rights, making the claim for retiree benefits legally enforceable.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
Allegations of forgery must be substantiated by due process; denying retirement benefits without proper enquiry is unjustified, especially posthumously.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
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