RAM ASHRAY YADAV Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the respondent-University.

(2.) The appeal questions the correctness of the judgment dtd. 14/3/2018 whereby the writ petition filed by the appellant claiming pensionary benefits as a faculty member of the Patna University has been declined. The reason given by the learned Single Judge is that the appellant was granted extraordinary leave in the year 1974 whereafter he did not return to the University and therefore, his unauthorized absence led to the filling up of the post by offering it to one Shri Surendra Mohan Ashok, vide an order dtd. 27/4/2000. It is undisputed that the said order remains unchallenged. The learned Single Judge, therefore, came to the conclusion that the appellant was not entitled to any relief of pension in view of the background of his services, more so, when after he returned from Kuwait, he joined as a Chairman of the Bihar Public Service Commission and then also served as a Vice-Chancellor of the Bhagalpur University. Then too also he did not stake any such claim arising out of his services in the Patna University.

(3.) Learned counsel for the appellant contends that as a matter of fact, the counter affidavit was served, but no time was allowed to contest the same and even otherwise a clear stand had been taken in the writ petition that the Patna University itself had granted leave and had acknowledged the lien of the appellant which was continuing, as such treating the appellant to be unuthorizedly absent and then denying him pensionary benefits was an erroneous conclusion.