Patna High Court
Pawan Kumar Mishra vs The State Of Bihar on 13 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14459 of 2022
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Pawan Kumar Mishra Son of Late Gopi Kant Mishra, Resident of village -
Ladari, P.S. - Keoti, District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, Government of Bihar, Patna.
2. The Kameshwar Singh Darbhanga Sanskrit University through its Registrar,
Kameshwar Nagar, Darbhanga.
3. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga (hereinafter referred as K.S.D.S.U.).
5. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
6. The Governing Body of Up-Sashtri Sanskrit College, Pindaruch, Darbhanga.
7. The Principal, Up-Sashtri Sanskrit College, Pindaruch, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kripa Nand Jha, Advocate
For the University : Mr.Binay Kumar Singh, Advocate
For the Respondent/s : Ms.Meera Singh, AC to GP 23)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 13-07-2023
Heard Mr. Kripa Nand Jha, learned counsel appearing
on behalf of the petitioner; Mr. Binay Kumar Singh, learned
counsel for the University and Mr. Meera Singh, learned AC to
GP 23 for the State.
2. The petitioner has filed the writ petition for the
following reliefs:-
"(i) For issuance of an appropriate direction,
order or writ in the nature of mandamus commanding
Patna High Court CWJC No.14459 of 2022 dt.13-07-2023
the respondents to pay the pension, and other retiral
dues of the petitioner including the benefits of ACP,
MACP, differences of 7th Pay Scale including 10%
interest over the entire due amount from the date it is
due till the date of its actual payment.
(ii) For holding and declaring that the
respondent cannot withheld the benefit of retiral dues
of petitioner for a single day after his retirement
specially keeping in view that the other teachers of the
different Up-Shastri Sanskrit colleges have been paid
their entire retiral dues and thus the similar benefit
allowed to a similarly situated person cannot be denied
to other similarly situated person which is even
otherwise contrary to the Bihar State Litigation Policy,
2011.
(iii) For any other relief/reliefs to which the
petitioner may be found entitled to in the facts and
circumstances of the case."
3. Learned counsel appearing on behalf of the petitioner
submits that the petitioner had retired on 31.07.2020, while he was
posted as Teacher in Up-Shashtri Sanskrit Mahavidyalaya,
Pindaruch, Darbhanga. The pensionary benefit including the
salary for the period, as mentioned in paragraph no.1 of writ
petition, has not been given to him till date.
4. Learned counsel further submits that the petitioner's
case is covered by the law laid down by the Hon'ble Apex Court
in the case of D.S. Nakara & Others Vs. Union of India reported
in (1983) 1 SCC 305, in which it has been held that non-payment
of pensionary benefit is denial of fundamental right of the
petitioner and is in violation of Article 300A of the Constitution of
India.
Patna High Court CWJC No.14459 of 2022 dt.13-07-2023
5. Learned counsel appearing on behalf of the State
informs this Court that the fund has already been released and
credited into the account of the University and it is up to the
University to see that why petitioner has not been paid dues, as
claimed by him.
6. Learned counsel appearing on behalf of the
University informs this Court that no fund has been released by
the State Government into the account of the University. Learned
counsel further informs that the Registrar of the University has
informed that the steps are being taken to make payment of all the
admissible retiral dues, as claimed by the petitioner, within a
period of six weeks.
7. Considering the rival submissions made by the parties
as well as the fact that the petitioner had retired in the Year, 2020
and in spite of lapse of more than two years, no retiral dues have
been paid to him. This Court deprecates the manner in which the
Vice-Chancellor of the University has treated the retired employee
of the University by not making him dues amount of the retiral
benefits including the pension. The Hon'ble Apex Court has
observed that pension is neither a bounty nor a matter of grace
depending upon the sweet-will of the employer, nor an ex gratia
payment.
Patna High Court CWJC No.14459 of 2022 dt.13-07-2023
8. This Court in CWJC No. 6852 of 2021 (Lilawati
Mishra vs. the State of Bihar and Ors.) vide order dated
11.05.2022 have taken into consideration the issues regarding
disbursement of retiral benefits. The apposite paragraph nos.67
and 68 in this regard are reproduced hereinafter:
"67. Hon'ble, the Supreme Court has, as
discussed above, held in several judgments that
salary and equally post retiral benefits, which
have been duly earned, are rights vesting in such
employee. Denial of wages and post retiral
benefits in the instant case is a classical case of
infringement of Article 21, owing almost entirely
to the indifferent attitude of the State towards its
employees and former employees. In M/s
Shantistar Builders (supra), the three primary
actions of human existence have been listed, and
in D. K. Yadav (supra), livelihood is recognized as
a facet of Article 21.
68. The State, in its myriad of functions,
is not only an employer but is also a lawmaker.
The lawmaker has stipulated various methods to
regulate employment, balancing the interest of
both the employer and the employee, conceiving
redressal mechanisms to ensure timely resolution
of disputes, and evolving ways to protect the
vulnerable party in a particular transaction. In
the instant case and many other such cases, the
State itself has laid waste to its own rules and
regulations- calling into question the very basis of
such laws and regulations."
9. At this stage, learned counsel appearing on behalf of
the University submitted that he will suggest the Vice Chancellor
Patna High Court CWJC No.14459 of 2022 dt.13-07-2023
to take steps for making payment of retiral dues to the petitioner
under different heads within a week, in peculiar facts of the case.
10. In case of failure, the Vice-Chancellor of the
University will be liable to make payment of the retiral dues
which has been claimed by the petitioner in the present case from
his own pocket.
11. With the above observations/directions, the present
writ petition is disposed of.
12. There will be no order as to costs.
(Purnendu Singh, J)
chn/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 19.07.2023
Transmission Date NA
