SAROJINI SINHA Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD learned counsels for the petitioners, learned counsels for the University and learned counsels for the State.

(2.) THIS order is being passed by this Court with consent of the parties. This batch of cases are all against Magadh University in which retired employees or their beneficiaries claim that monetary entitlements in the form of retiral benefits or death -cum -retiral benefits on account of their own retirement or on account of death in harness of the concerned teaching/non -teaching employee of the University or some dues with regard to arrears on account of revision of pay -scale still remains due with the University. In none of the cases University has denied the entitlement of its concerned employee, on account of his retirement or death, under most of the items claimed, except raising some dispute in some of the cases with regard to rate of calculation, date of entitlement or expressing its inability to pay the amount, due to paucity of fund and failure on the part of State Government to release sufficient fund to clear its up -to -date liabilities towards its employees retired or died in harness so far.

(3.) THERE is no dispute at the Bar that, as per law, in all cases, responsibility of initiating the process at least six months prior to his scheduled date of retirement, for payment of retiral benefits and sanction of pension to the retiring employee, lies on the Head of the Institution or the Registrar of the University. It may be useful to reproduce herein, in particular, some relevant provisions from Chapter II of 'Procedural Instructions Regarding Sanction and Payment of Retirement benefits Admissible under the Statutes for the Grant of Retirement benefits to Employees of the Universities of Bihar (Except Patna University) ' (with emphasis supplied herewith): - "7. The Heads of Institutions in the case of non -teaching staff serving in Colleges/Departments/lnstitutions and the Registrar in all other cases will draw up a list of persons due for superannuation during the next financial year, by the 1st of August each year. These lists will be drawn in three parts -one of those who have opted for. G.P. Fund -cum -Pension -cum -Gratuity Scheme, another fo 18r /4 /2 th 01o 4s e P awh ge 7o 6 have opted for G.P. Fund -cum -Gratuity Scheme and the last of those who have opted only for G.P. Fund Scheme. The list of those persons who have opted for G.P. Fund -cum -Pension -cum -Gratuity Scheme as also of those who have opted for G.P. Fund -cum -Gratuity Scheme, will be sent to the Provident Fund Section, for preparation of the budget estimates for pension and gratuity for the next year. These lists will indicate the length of service of these individuals will have on the date of their retirement and the rate of pay reckonable for pension that they will be drawing during the last ten months of their service. In the case of teaching staff, a copy of the list will be sent by the Registrar to the Heads of Institutions where they are serving. 8. At least six months before the date of retirement on superannuation of an employee, the Head of the Institution and the Registrar in the case of employees in the University office will initiate the proposal for grant of pension and gratuity in the case of persons who have opted for G.P. Fund -cum -Pension -Gratuity Scheme and gratuity only in the case of those who have opted for G.P. Fund -cum -Gratuity Scheme. An application in the form enclosed at Annexure IV will be prepared by the Head of the Institution/ Registrar for this purpose. These applications will be accompanied by two slips on quarter sheet of paper bearing specimen signatures of the applicant and his/her wife/husband and two joint photographs of husband - wife, both duly attested by a gazetted officer or an officer of the University or Principal of the college concerned. In the case of Pardanashin ladies, joint photographs may not be furnished alongwith the application. In such cases thumb and finger impressions or specimen signatures in the case of those who are literate and particulars of height and personal marks, shall be required to be furnished in duplicate, on two separate sheets, duly attested by a gazetted officer or an officer of the University or the Principal of the college concerned. The applicant shall also furnish thumb and finger impressions or specimen signatures (if literate) and personal marks of them, spouses, in duplicate on two separate sheets duly attested by a gazetted officer or an officer of the University or Head of the Institutions. In addition to the above, the following certificates shall be obtained from the employee and enclosed with the application: