State authorities are estopped from denying retiral benefits to employees of an aided institution when the state has consistently recognized their service and disbursed salaries throughout their tenure, as pension is a fundamental right not dependent on subsequent administrative classification of the institution.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard the learned counsel for the parties.

2. The Petitioners herein have filed the instant writ Petition, inter-alia, praying therein for quashing the order dated 11.11.2014 (Annexure-13); issued under Memo No. 2083 by the Secretary, Human Resources Development Department, whereby the petitioners’ representation filed pursuant to this Court’s order dated 06.01.2014 in W.P.(S) No. 7516 of 2012 has been rejected, and for a further direction upon the respondent-authorities to release the petitioners’ arrears of salary for the periods February 1999 to May 2000 and February 2003 to October 2007, as well as to duly fix their pension and pay all consequential retiral dues, including pension, gratuity and leave encashment.

3. Brief Facts; -

(i) The Jayanti High School, Gangutoli, established by a minority community, was granted establishment permission vide Memo No. 4462-65 (Annexure-1) and was subsequently accorded permanent recognition on 04.04.1979 vide Memo No. 7753-58 (Annexure-2). Petitioner No. 1’s pay scale was fixed vide order dated 14.07.1980 (Annexure-3), and the State Govt. decided to pay the salary of all teaching and non- teaching employees of the school by way of grant-in-aid, and a Notification to that effect was issued by the District Education Officer, Simdega, vide order dated 07.06.1980 (Annexure-4). The Petitioner No. 1-4, and husband of Petitioner No. 5 were appointed in the year 1979, and since then they continuously received salary until January 2003, when it was stopped on the ground of absence of a formal minority-status notification. Thereafter, the State of Jharkhand, vide notification dated 28.09.2007 (Annexure-6), formally declared the School a minority institution, and salary resumed from October 2007.

(ii) Further facts reveals that the School has consistently functioned as a minority institution, and the State had been paying salaries to approved employees since 1980, except for February 1999–May 2000, prompting two staff members—Ramlakhan Ohdar and Lucas Kandulna—to file W.P.(S) No. 195 of 2006. Though their Writ Petition was dismissed, but their L.P.A. No. 267 of 2006 (Annexure-7) was allowed, and arrears up to 20.01.2006 were released. Likewise, three other employees, after dismissal of W.P.(S) No. 7078 of 2005, succeeded in L.P.A. No. 266 of 2006 (Annexure- 8), and upon filing Contempt Case (Civil) No. 272 of 2011 (Annexure-9), their dues were fully paid vide letter dated 26.06.2007.

(iii) Despite multiple representations, no action was taken on the Petitioners’ claims, leading to filing of W.P.(S) No. 7516 of 2012, which was disposed of on 06.01.2014 (Annexure-10) directing the Secretary, HRD Department, to decide the matter. Pursuant to the Petitioners’ representation (Annexure-11), the DEO, Simdega, submitted a report dated 05.07.2014 (Annexure-12) confirming that similarly situated employees had received arrears pursuant to the LPA orders and detailing the dues payable to the Petitioners, who had continuously served until superannuation.

However, the Secretary, HRD Department, vide order dated 11.11.2014 under Memo No. 2083 (Annexure-13), rejected the Petitioners’ claim relying solely on W.P.(S) No. 215 of 2010 concerning GEL High School, Kochidigha—despite the facts being entirely distinct. The Petitioners, unlike that case, had been receiving salary regularly since permanent recognition, and only the period February 2003–September 2007 reflects non-payment due to post-reorganization objections.

4. The 4th Respondent has filed it’s Counter-Affidavit stating about the Impugned order dated