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HARISH KUMAR
Rohit Raj – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—Heard Mr. Shiv Kumar, learned counsel appearing on behalf of the petitioner, Mr. Ramadhar Singh, learned GP-25 and Mr. Vivekanand Kumar, learned counsel for the Accountant General.
2. By filing the present writ petition, the petitioner is seeking a direction upon the respondent authorities to pay the petitioner all the death-cum-post retiral benefits, including family pension, gratuity, leave encashment, general provident fund, group insurance, due salary for the period of March 2016 to 29.07.2020 and other legally payable dues to him with up-to-date statutory interest, on account of death of her mother, Late Amrita Sinha, who died in harness on 29.07.2020, while working as A.N.M. in the Primary Health Centre, Bagha-I, West Champaran.
3. Shorn of unnecessary details, the facts, which led to the filing of the present writ application is that pursuant to an advertisement, inviting application for admission in different A.N.M. schools of the State of Bihar, the mother of the petitioner selected for training, she appeared in the examination and came out successfully. Thereafter, the mother of the petitioner was registered as Auxiliary Nurse Midwifery (hereinafter referre
Allegations of forgery must be substantiated by due process; denying retirement benefits without proper enquiry is unjustified, especially posthumously.
Appointments must be validated through due process; wrongful termination without fair hearing violates Article 311 rights, making the claim for retiree benefits legally enforceable.
An employee's salary cannot be withheld without proper departmental proceedings, and irregular appointments can be regularized through continued service and promotions.
Fraud vitiates everything, and a subsequent action cannot validate an action that was not lawful at its inception. If an order is bad in its inception, it does not get sanctified at a later stage.
Rights to salary and pension are contingent upon a valid appointment; appointments based on forged documents are void and offer no entitlement to benefits.
Compassionate appointments cannot be cancelled based on non-disclosure of a parent's employment if the applicant was dependent on the deceased and no fraud was committed.
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