Patna High Court
Ramanand Thakur vs Kameshwar Singh Darbhanga Sanskrit ... on 16 July, 2018
Equivalent citations: AIRONLINE 2018 PAT 732
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14729 of 2017
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Ramanand Thakur, Son of Late Vauvan Thakur, resident of Village- Shambhuar,
P.O.- Shambhuar, P.S. and District-Madhubani.
.... .... Petitioner/s
Versus
1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar,
Darbhanga through its Registrar.
2. The Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga.
4. Principal, Lakshmishwari Priya Raj Laxmi Sanskrit College, Samaul, P.O.-
Birsair, P.S.- Pandaul, District- Madhubani.
5. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s :
For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date: 16-07-2018
Heard learned counsel for the petitioner; State and
K.S.D. Sanskrit University (hereinafter referred to as the
'University').
2. The petitioner has moved the Court for the following
reliefs:
"(i) Issuance of an appropriate writ in the nature
of Mandamus directing and commanding the
Patna High Court CWJC No.14729 of 2017 dt.16-07-2018
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respondents to pay the retiral benefits to the
petitioner including full pension on the basis of
last pay drawn in 6 th Pay Revision Pay Scale, leave
encashment, Gratuity and other admissible retiral
dues with adequate amount of interest @ 18% per
annum and suitable amount of compensation and
Penal interest to which petitioner is entitled to."
(ii) Issuance of an appropriate direction to
Respondents that since as per provision under
statute, Part II, Section II, Clause 14(i) the
qualifying service period has been fixed which is
being fulfilled by the petitioner, he is fully entitled
to full pension and Gratuity.
(iii) Any other relief or reliefs be granted to
petitioner to which he is found to be entitled to."
3. In essence, the claim is for payment of pensionary
benefits which is denied on the ground that as per the relevant Statutes
duly approved by the Hon'ble Chancellor of Universities dealing with
pension, the entitlement to the same is only to such affiliated colleges
where there are more than 250 students appearing at the examinations
yearly for the last 10 years from the date of consideration, which the
school of the petitioner does not fulfill.
4. Learned counsel for the petitioner is not in a position
to controvert the legal position. However, it has been submitted that
the challenge to such provision is subjudice before the Division Bench
of this Court in C.W.J.C. No. 9726 of 2017.
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5. It has also been brought to the notice of the Court that
similar matter has been disposed off by judgment and order dated
21.02.2018passed in C.W.J.C. No. 2106 of 2017 and analogous case.
Accordingly, the Court is of the considered opinion that the present case be also disposed off in the same terms. Learned counsel for the parties also agree to the same.
6. In view thereof, no relief can be granted to the petitioner, for the present, as there are specific statutory provisions which do not make him entitled to pensionary benefits. The contention of learned counsel for the petitioner that similarly situated persons are being paid, may not be relevant, as there cannot be any negative invocation of Article 14 of the Constitution of India. If something is being done, which does not have the force of law, the Court would not treat it as a precedence for directing that the same be done in the case of the petitioner, unless it is established that the same is to be done as a matter of right.
7. Learned counsel for the University has also taken a categorical stand that the Government is not releasing payment as per the budgetary requisition sent by them to the State Government with regard to payment of pensionary benefits to the teaching and non- teaching staff of the affiliated colleges.
8. Learned counsel for the State submitted that grants-in- aid are regularly being released to the University for payment after Patna High Court CWJC No.14729 of 2017 dt.16-07-2018 4/4 considering the budget sent by the University.
9. Be that as it may, in view of the admitted position that the Statute does not permit payment of retiral benefits to the petitioner as he does not fall in the category of affiliated colleges which have a minimum 250 students appearing every year for the preceding 10 years, the writ petition stands disposed off. However, depending on the outcome of C.W.J.C. No. 9726 of 2017, the case of the petitioner shall also be governed by the same and if payment of pensionary benefits are required to be made to such persons, the State and the University shall ensure that the benefit is given to the petitioner without him having to approach the Court again.
(Ahsanuddin Amanullah, J) Anjani/-
AFR/NAFR U