KRISHNA NANDAN SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions raise common questions of law relating to legal obligation of Tilka Manjhi Bhagalpur University, Bhagalpur and the State of Bihar to ensure regular payment of pension/family pension to the petitioners in both the writ petitioners. All the parties including the State of Jharkhand and Sidhu Kannu University were heard in detail and with consent of parties both the writ petitions are being disposed of finally at the stage of admission itself.

(2.) BEFORE noticing the relevant facts and the question of law it is useful to recapitulate that by order dated 21.11.2002 this Court permitted petitioner nos. 8 and 16 of CWJC No. 2541 of 2002 and petitioners nos. 3 and 4 of CWJC No. 2950 of 2002 to withdraw their cases for the reason that their claim for retirement benefits arose after 10.1.1992, the date when Sidhu Kannu University came into existence and on the basis of law settled by several judgments of this Court and of Jharkhand High Court, in their cases the retiral benefits have to be paid by authorities of Sidhu Kannu University with help from the State of Jharkhand. In respect of remaining petitioners in both the cases arguments have been advanced by the parties on the understanding that their retirement claims arose - before the creation of Sidhu Kannu University.

(3.) THE burden of pension of the Universities is to a larger extent borne by the State through grants etc. as provided under the relevant statutes of the University. Under the instructions received from the State authorities Tilka Manjhi Bhagalpur University (hereinafter referred to as TMB University) stopped the pensions/family pensions of petitioners since August 2001 leading to these writ petitions wherein the petitioners have prayed for a writ in the nature of mandamus commanding the respondents authorities to pay their pensionl family pension regularly along with arrears since August 2001.