DEO KRISHNA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, original petitioner has claimed for retirement benefits, such as pension, gratuity, group insurance, provident fund, leave encashment for unutilised earned leave with consequential benefits.

(2.) ORIGINAL petitioner was initially appointed as Assistant Sanskrit teacher in the aided S.S. High School, Panchrukhia in the district of Bhojpur in the year 1956 and worked there till 22.9.1975. According to the petitioner the said School was under Bihar Sanskrit Associate Bihar, later converted to Board of Sanskrit Education Bihar vide Government notification no. 323 dated 24.1.1961. Thereafter, the petitioner was appointed as Lecturer in Sanskrit Sahitya in Sidheshwari Sanskrit College, Panchrukhiya and worked on that post till he superannuated on 7.7.1983 after attaining the age of 62 years. It is claimed by the petitioner that he is entitled for payment of pension, gratuity, provident fund and other retirement benefits under the provisions laid down in the Statute as approved by the Chancellor vide letter no. BSU/52/805285 GS(i) dated 18.11.1980 as amended by letter no. BSU/52/80/2158 GS(i) dated 25.11.1982 which came into force on 1.4.1972.

(3.) A counter affidavit has been filed on behalf of the Vice Chancellor of Sir Kameshwar Singh Sanskrit University, Darbhanga (Respondent no. 2). It is admitted that father of the petitioner was temporarily appointed as Sahitya Lecturer in Sidheshwari Sanskrit College, Panchrukhia on 23.9.1975 which was affiliated college and subsequently the College became constituent in 1982. It is further submitted that father of the petitioner submitted his wilful resignation letter to the Principal of the College on 17.2.1983 and the same was sent to the University on 20.2.1983, a photostat copy of the said letter has been annexed as Annexure -A. It is further stated that on the post of Sahitya Lecturer one Murari Mishra was appointed and the University has granted temporary approval from 17.2.1983 to 30.6.1983. A copy of the said approval has been annexed as AnnexureB. The claim about superannuation of the deceased father has been denied and it is reiterated that he submitted his wilful resignation on 17.2.1983. According to the said Respondent the original petitioner has not completed minimum 10 years of qualifying service to be eligible for pensionary benefits as per the statute. Further, it is stated that the Incharge Principal of the College was requested to send all the papers of the original petitioner regarding his retirement benefits so that any decision may be taken, but, no paper was sent to the University. It is further stated that the petitioner has also not submitted any relevant papers with respect to the retirement benefit of the deceased such as leave chart, pension form, no objection certificate verified and signed by the Principal of the College. According to the Respondent, earlier appointed claimed by the deceased during the period 1956 up to 22.9.1975 was not in a recognized Sanskrit School, and, thus, not eligible tor pensionary benefits.