Patna High Court - Orders
Krishna Singh vs The State Of Bihar And Ors on 25 March, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4055 of 2017
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Krishna Singh son of Late Badri Singh, resident of Village- Hardawan, P.O.-
Hardawan, P.S.- Dhobi, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Kameshwar Singh Darbhanga Sanskrit University, through its Registrar,
Kameshwar Nagar, Darbhanga.
3. Vice-Chancellor, Kameshwar Sigh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga. null null
4. Registrar, Kameshwar Sigh Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga. null null
5. Governing Body, Sanskrit Up Shastri College, Hardawan, through its
Secretary, P.O.- Hardawan, P.S.-
6. Principal, Sanskrit Up Shastri College, Hardawan, P.O.- Hardawan, P.S.-
Dhobi, District- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gyanand Roy- Advocate
For the Respondent/s : Mr. Jitendra Kr.Roy No1-SC-13
Mr. AC to SC-13
Mr. Awadhesh Prasad Sinha- Advocate
Ms. Renu Jha- Advocate
Mr. Binay Kumar Singh- Advocate
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 25-03-20251. Heard learned counsel for the petitioner, learned AC to SC-13 for the State and the learned counsel appearing on behalf of the Kameshwar Singh Darbhanga Sanskrit University.
2. The learned counsel appearing on behalf of the petitioner submits that the instant writ application was filed in the Year 2017. The learned counsel next submits that the Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 2/10 writ application has been filed for a direction upon the authorities to hold that petitioner being a Lecturer of Sanskrit in Upshastri College, Hardawan affiliated to Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga is entitled to continue in service till he attains the age of superannuation i.e. 65 years in accordance with the provisions of Section 67 of the Bihar State Universities Act, 1976, as amended up to date. Further, for a direction upon the respondents to allow the petitioner to continue in service till he attains the age of superannuation i.e. 65 years in accordance with the provisions of Section 67 of the Bihar State Universities Act, 1976.
3. The learned counsel appearing on behalf of the petitioner submits that the case of the petitioner if not akin is similar to the case decided by this Court in CWJC No. 6534 of 2009 (Secretary Bihar State Up Sastri Sanskrit Mahavidalya/college Teachers Association Employees through Babu Kant Jha and Anr. Vs. The State of Bihar & Ors.) by an order dated 09.09.2011 (Annexure-P/5). It is submitted that CWJC No. 6534 of 2009 was filed by the Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 3/10 petitioner of the said case in a representative capacity with a prayer for quashing the order passed by the Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga contained in Memo No. 9432/2007 dated 14.09.2007 whereby the age of superannuation of teachers working in Upshastri college has been held to be 60 years in place of 62 years. It is submitted that the learned Single Judge after hearing the learned counsel for the parties allowed the said writ application holding:- "For the reasons stated above, the notices issued by the Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga to the petitioners intimating that they will be retiring on attaining age 60 years of age is quashed. Petitioners will be deemed to have continued on the post till they attain 62 years of age. In case they have not yet reached 62 years of age, they will continue on the post till attaining 62 years of age. In case 62 years of age have already been attained by the petitioners, they will be deemed to have retired on attaining the age of 62 years of age. For the period in between 60 to 62 years they will be entitled for their salary and other terminal benefits, only attaining age of 62 years they will be deemed to have retired and entitled for retiral benefits as provided, to the teachers under the Universities Act."
4. The learned counsel for the petitioner submits Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 4/10 that petitioner though was not a party to CWJC No.6534 of 2009 by name, but then, the said writ application was filed in a representative capacity representing all the Teachers like the petitioner. It is next submitted that the State of Bihar preferred LPA No.1925 of 2011 (the State of Bihar vs. Secretary, Bihar State Up Shastri) against the order dated 09.09.2011 in CWJC No.6534 of 2009 (Annexure-P-5). It is next submitted that LPA No.1925 of 2011 preferred by the State was dismissed by an order dated 18.12.2020 (Annexure- P/10).
5. The learned counsel for the petitioner, at this stage, submits that the learned Single Judge in CWJC No.6534 of 2009 had clearly held that the retirement age of teachers like the petitioner would be 62 years and the said case was decided on 09.09.2011 and the LPA preferred against the order of the learned Single Judge was upheld by an order dated 18.12.2020, but then, the order of the learned Single Judge was not stayed by the Hon'ble Division Bench when it was pending adjudication, as such, the respondent authorities should have shown respect to the order of the learned Single Judge by allowing the petitioner to continue Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 5/10 in service at least up to the age of 62 years as they retired in the Year 2017 and subsequently, the LPA also came to be dismissed. It is next submitted that thereafter the State of Bihar filed Special Leave to Appeal (C) No.3897 of 2022 before the Hon'ble Supreme Court against the order dated 18.12.2020 in LPA No.1925 of 2011, but then, the same also came to be dismissed by the Hon'ble Supreme Court by an order dated 14.03.2022, as such, the issue with regard to retirement age of the Lecturer of Sanskrit in Upshastri College was finally held to be 62 years.
6. It is further submitted that the order of the learned Single Judge was affirmed uptil the Hon'ble Supreme Court and the learned Single Judge with clarity had recorded that those teachers, who were made to retire prior to attaining the age of 62 years will deem to have retired at the age of 62 years and will be entitled for all monetary benefits.
7. It is further submitted that when CWJC No.6534 of 2009 was filed, at that time, in terms of Section 67 of the Bihar State Universities Act, 1976, the retirement age of the Lecturers was enhanced to 62 years from 60 Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 6/10 years, but at the time of filing of the instant writ application, the superannuation age of the Lecturers of the College in terms of Section 67 of the Bihar State Universities Act, 1976 has been enhanced to 65 years, as such, the petitioner in the instant writ application has prayed that his retirement age should be 65 years instead of 60 years. It is further submitted that after the issue with regard to enhanced age of retirement at the age of 62 years was finally decided by the Hon'ble Supreme Court in the Year 2022, thereafter, the State Government came out with a notification dated 18.08.2023 contained in Memo No.203/2010 (Annexure-P-
12) whereby the orders of the writ Court was implemented with effect from 31.03.2006. It is submitted that the petitioner till date has not been given the benefit of the notification issued by the State Government dated 18.08.2023.
8. The learned counsel for the petitioner again draws the attention of the Court to order dated 09.09.2011 in CWJC No.6534 of 2009 to submit that a specific issue was raised by the State in its counter-affidavit in CWJC No.6534 of 2009 that the teachers of Sanskrit College (Up Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 7/10 Shashtri Level) do not come under the purview of UGC, therefore, the benefit of any scheme of UGC relating to pay scale and retirement age is not being extended to them. The State Government is only providing finances for payment of their salary, as such, the petitioner cannot claim any benefit which is allowed to the teachers of the colleges under the UGC Scheme. The teachers of the college of Up Shastri Level are State Government employees and they will have to retire at the age of attaining the age of 60 years.
9. It is submitted that the learned Single Judge dealt with the said issue and held:- "I find that the statement made in the counter affidavit of the University and the State cannot be accepted, since, the Division Bench in C.W.J.C. No.11271 of 1992 has already decided that the teachers of the Sanskrit Colleges of Upshastri level are the employees of the University, they are governed by the University Act and all benefits including the pay scale and age of superannuation, as provided under the Bihar State Universities Act is applicable in this case. Issue already decided, cannot be reopened by the State and the University by not extending the benefit of enhanced age of Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 8/10 superannuation to the petitioner and other teachers of Upshastri Level Colleges, from 60-62 years."
10. The learned counsel for the petitioner thus submits that since the age of superannuation of the Lecturers of the colleges has further been enhanced to 65 years in terms of Section 67 of the Bihar State Universities Act, 1976 and the petitioner being Lecturer of Sanskrit in Upshastri College thus become entitled for retirement at the age of 65 years.
11. It is next submitted that the petitioner retired on 31.07.2017 after attaining the age of 60 years, when the petitioner in terms of Section 67 of the Bihar State Universities Act ought to have retired after attaining of 65 years in the Year 2022. It is submitted that at the cost of repetition that at least, the petitioner ought to have been given the benefit of the retirement age of 62 years which stands concluded uptill to the Hon'ble Supreme Court.
12. The learned counsel appearing on behalf of the University and the State seek three weeks' time by way of last indulgence for filing a counter affidavit.
13. Put up this case on 21.04.2025 at 2.15 Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 9/10 P.M. at the top of the list.
14. Separate counter affidavit shall be filed by the State and the University. The counter affidavit filed on behalf of the State shall be sworn by the Additional Chief Secretary-cum-Principal Secretary, Department of Education, Government of Bihar and the counter affidavit on behalf of the University shall be sworn by the Vice- Chancellor of the University. The counter-affidavit shall give parawise reply of the pleadings made in the writ application, supplementary affidavit and second supplementary affidavit of the petitioner. The counter affidavit shall also clearly record that as to whether the petitioner is entitled to retire at the age of 65 years or not in terms of Section 67 of the Bihar State Universities Act, if no, then how the case of the petitioner is different from the case which was decided by the learned Single Judge in CWJC No.6534 of 2009 upheld up to the Hon'ble Supreme Court.
15. It is made clear that the writ application was filed in the Year 2017 and till date, counter affidavit has not been filed, in the event, counter affidavit is not filed Patna High Court CWJC No.4055 of 2017(8) dt.25-03-2025 10/10 before the next date of hearing, the Court may consider the desirability of summoning the Additional Chief Secretary- cum-Principal Secretary, Department of Education, Government of Bihar and the Vice-Chancellor of the University.
(Satyavrat Verma, J) vikash/-
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