Patna High Court
Navalkishor Singh vs The State Of Bihar on 18 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4938 of 2023
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Navalkishor Singh Son of Vindeshwari Singh Resident of Village-Hulas,
Ward No.02, Circle and Police Station-Raghopur, District-Supaul Pin-852111.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Higher
Education, 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.
5. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
6. The Governing Body, Rudra Sanskrit Up-Shastri Mahavidyalay, Hulash,
Supoul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Choudhary, Adv.,
Ms. Sushmita Kumari, Adv.
For the State : Mr. Shankar Kumar Thakur, AC to GP-27
For University : Mr. Deepak Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-07-2023
Heard Mr. Ashok Kumar Choudhary and Ms. Sushmita
Kumari, learned counsels appearing on behalf of the petitioner,
Mr. Shankar Kumar Thakur, learned counsel appearing on behalf
of the State and Mr. Deepak Kumar, learned counsel appearing on
behalf of the University.
Patna High Court CWJC No.4938 of 2023 dt.18-07-2023
2. The petitioner has filed the present writ petition for
the following reliefs:-
"That this is an application for issuance of
a writ in the nature of mandamus commanding the
respondent concern with direction to make payment of
pension along with other pre and post retirement dues
to the petitioner, superannuated with effect from
29.02.2020 while serving as night guard (class iv post)
in the Rudra Sanskrit Up-Shastri Mahavidyalay,
Hulash, Supoul permanently affiliated unit of the
Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga."
3. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner had retired from the post of Night
Guard (Class IV Post) from Rudra Sanskrit Up-Shastri
Mahavidyalay, Hulash, Supoul on 29.02.2020. The petitioner was
being paid regular salary and other benefits applicable to the said
post as well as benefit of pay revision from time to time. The
petitioner was issued no dues certificate after his retirement.
However, the pensionary benefit has not been given to him till
date. The authority of the University has not even fixed the
pension of the petitioner.
4. Learned counsel further submitted that the petitioner's
case is covered by the law laid down by the Apex Court in D.S.
Nakara & Others Vs. Union of India reported in (1983) 1 SCC
Patna High Court CWJC No.4938 of 2023 dt.18-07-2023
305 for 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.
5. Per contra, learned counsel appearing on behalf of the
State inform this Court that pay fixation of the petitioner has not
been verified by the Pay Verification Cell of the State Government.
Learned counsel appearing on behalf of the State further 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 that all the formalities have been discharged by the
petitioner as well as by the State Government and he will
personally inform the Registrar of the University to make payment
of all the admissible retiral dues, as claimed by the petitioner
within a period of six weeks.
7. Considering the rival submission made by the parties
as well as the fact that the petitioner had retired on 29.02.2020 and
in spite of lapse of two and half years, no retiral dues has been
paid to him. The record reveals that all the formalities has been
performed by the State Government as well as by the petitioner,
this Court deprecates the manner in which the Vice-Chancellor of
Patna High Court CWJC No.4938 of 2023 dt.18-07-2023
the University has treated the retired employee of the University
by not making them payment of dues amount of the retiral benefits
including the pension. It is very pathetic that even the pension of
the petitioner has not been fixed.
8. The Vice-Chancellor / Registrar of the University is
directed to make payment of all the retiral dues including pension
along with statutory interest admissible to the petitioner in
accordance with law within a period of six weeks from the date of
receipt of this order.
9. 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.
10. The writ application, accordingly, stands disposed of
(Purnendu Singh, J)
pravinkumar/-
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