IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22938 of 2019

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Durgawati Devi, aged about 60 years, Female, W/o Late Sidheshwar Pandey,

R/o Mohalla Baba Nagar, Jaso P.S. Buxar Muffassil, District Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resource

Development Department, Govt. of Bihar, Patna.

2.

The Secretary, Higher Education, Human Resource Development

Department, Govt. of Bihar, Patna.

3.

Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,

Darbhanga through its Registrar

4.

The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University,

Kameshwarnagar, Darbhanga.

5.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University,

Kameshwarnagar, Darbhanga.

6.

The Principal, Shiv Prasad Degree Sanskrit College, Rampur, Buxar.

... ... Respondent/s

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Appearance :

For the Petitioner

:

Mr. K. Choudhary, Advocate

Mr. Manoj Kumar Manoj, Advocate

For the State

:

Mr. Sanjay Kumar, A.C. to G.P.23

Mr. Rajesh Kumar Sinha, A.C. to G.P.23

For the University

:

Mr. Gyanendra Roy, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

7

03-03-2021

Heard learned counsel for the petitioner, the learned

A.C. to G.P.23 and the learned counsel appearing on behalf of

Kameshwar Singh Darbhanga Sanskrit University.

The petitioner by filing this writ petition seeks direction

to the respondents to pay the arrears of pension from the month of

November, 2018 and onwards and the current family pension to

the petitioner.

Admittedly the husband of the petitioner was duly

Patna High Court CWJC No.22938 of 2019(7) dt.03-03-2021

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appointed as Lecturer vide Letter No.17, dated 04.12.1978. The

husband of the petitioner joined on the post on 22.12.1978. The

service of the husband of the petitioner was regularized on

15.06.2013 w.e.f. 31.01.1989. The husband of the petitioner died

during his service period and family pension vide P.P.O.

No.521/16, dated 04.06.2016 was issued. The petitioner was

getting her family pension, but all of a sudden in the month of

November, 2018, the family pension of the petitioner was stopped.

Learned counsel for the petitioner submits that

Manidhar Mishra filed CWJC No.10892 of 2019 and in pursuance

of the order dated 14.11.2019, passed in CWJC No.10892 of 2019,

the Director, Higher Education directed the Vice-Chancellor to

resume the pension and only thereafter CWJC No.10892 of 2019

was disposed of. Pension of Manidhar Mishra was resumed. It is

further submitted that the pension of similarly situated teachers

who retired from their service, such as, Shashi Nandan Jha was

also stopped and his pension was resumed vide Letter No.15/C2-

377/2019-2618. Learned counsel for the petitioner submits that the

case of the husband of the petitioner is similar to that of Shashi

Nandan Jha and Manidhar Mishra and, therefore, the pension of

the petitioner be also resumed forthwith and a direction be issued

to pay the arrears as well. In the light of the aforesaid order, CWJC

No.4666 of 2019 (Dr. Amrit Nath Jha vs. The State of Bihar &

Patna High Court CWJC No.22938 of 2019(7) dt.03-03-2021

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Ors.) was also disposed of in terms of the order passed in the writ

petition filed by Manidhar Mishra and others. The case of the

petitioner be also disposed of in the aforesaid terms.

Learned counsel for the State did not dispute these facts.

However, it is submitted that the husband of the petitioner and

many other persons were illegally regularized on their posts by the

University and, therefore, the State after their retirement stopped

payment of pension.

Mr. Gyanendra Roy, the learned counsel for the

University submits that if the State releases the fund, the

University has got no difficult