BHARTI PRASAD THAKUR Vs. SIDHU KANHU UNIVERSITY, DUMKA

JUDGEMENT

(1.) HEARD the counsel for the petitioner and three sets of lawyers appearing on behalf of the respondents.

(2.) THE matter relates to payment of retirement benefits including pension. The respondents are contesting the matter as if pension is a charity or bounty or gratuitous payment. The concept of pension is now well -known and has been clarified by the Supreme Court time and again. It is not a charity or bounty nor is it a gratuitous payment solely dependent on the whim or sweet will of the employer as it is earned for rendering long service and is often described as deferred portion of compensation for past services. It is, in fact, in the nature of social security plan to provide for the december of life of a superannuated employee. Such social security plans are consistent with the social economic requirements of the Constitution when the employer is a State within the meaning of Article 12 of the Constitution.

(3.) IN the counter affidavit filed by respondent Nos. 1 and 2, namely, Sidhu Kanhu University and its Vice Chancellor, it is stated that Sidhu Kanhu University was established in the year, 1992 and Godda college is under Sidhu Kanhu University. However, pension of the petitioner has been paid by respondent No. 5, Tilka Manjhi Bhagalpur University till July, 2001 i.e. even after creation of the State of Jharkhand. It is, therefore, stated that pension is payable by Tilka Manjhi Bhagalpur University and the State of Bihar.