Patna High Court Censures Darbhanga Sanskrit University VC For Denial Of Retiral Benefits To Former Night Guard

The Patna High Court has directed the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar to clear the retiral dues of a former employee within a period of six weeks.

Justice Purnendu Singh ordered the the Vice-Chancellor and Registrar of the University to make payment of all the retiral dues including pension along with statutory interest admissible to the former Night Guard in accordance with law within a period of six weeks.

“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,” Justice Singh warned.

Taking note of the fact that two and a half years have elapsed since the petitioner's retirement without receiving his dues, the court expressed strong disapproval of the inaction. “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 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,” the court said.

Navalkishor Singh, the petitioner, worked at Rudra Sanskrit Up-Shastri Mahavidyalaya, Hulash, Supoul, a permanently affiliated unit of the university and had retired on 29.02.2020, but even after two and a half years, he had not received his pensionary benefits.

Navalkishor, through his counsel, approached the court seeking the issuance of a writ of mandamus against the University, demanding the release of his pension along with other outstanding dues.

According to the petitioner's counsel, the petitioner had received regular salary and benefits during his tenure, and he was issued a no-dues certificate after retirement. However, despite completing all formalities, the pensionary benefit had not been granted to him.

The counsel relied on the law laid down in the judgment of the Apex Court, D.S. Nakara & Others vs. Union of India, (1983) 1 SCC 305, highlighting that the non-payment of pensionary benefits violates Article 300A of the Constitution of India, which protects the fundamental right to property.

In response, the State's counsel informed the court that the pay fixation of the petitioner had been verified by the Pay Verification Cell of the State Government. The fund was also released and credited to the university's account, leaving the responsibility of disbursing dues to the university itself, the counsel said.

The counsel representing the university assured the court that all formalities had been duly completed, and undertook to inform the Registrar of the university to make the payment of all admissible retiral dues claimed by the petitioner within a period of six weeks.

Case Title: Navalkishor Singh Son vs The State of Bihar And oOthers Civil Writ Jurisdiction Case No.4938 of 2023

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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