Patna High Court
Gajendra Jha vs Kameshwar Singh Darbhanga Sanskrit ... on 21 February, 2018
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2106 of 2017
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Ram Narayan Thakur Son of Late Kapileshwar Thakur Resident of Village -
Karnapur, P.O. - Mahrail, P.S. - Rudrapur, 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. Registrar, Kameshwar Nagar Darbhanga Sanskrit University, Kameshwar Nagar,
Darbhanga.
4. Principal, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya, Mahrail, District -
Madhubani.
5. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 4007 of 2017
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Gajendra Jha Son of Late Vidyanand Jha Resident of Village - Khilwat, P.S. -
Biddupur Bazar, District - Vaishali.
.... .... Petitioner/s
Versus
1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar,
Darbhanga through its Registrar.
2. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga.
3. Registrar, Kameshwar Nagar Darbhanga Sanskrit University, Kameshwar Nagar,
Darbhanga.
4. Principal, Shree Ram Prakash Sanskrit Mahavidyalaya, Patepur, P.O. Patepur,
District Vaishali.
5. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
.... .... Respondent/s
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Appearance :
(In CWJC No.2106 of 2017)
For the Petitioner/s : Mr. Durga Nand Jha, Advocate
For the State : Mr. Rajeev Ranjan, AC to GP 20
For the K.S.D.S. University : Mr. Gyanand Roy, Advocate
For the Petitioner/s : Mr. Durga Nand Jha, Advocate
Patna High Court CWJC No.2106 of 2017 dt.21-02-2018
2/4
For the State : Mr. H. S. Roy, AC to A.G.
For the K.S.D.S. University : Mr. Gyanand Roy, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date: 21-02-2018 Heard learned counsel for the petitioners; State and K.S.D. Sanskrit University (hereinafter referred to as the 'University').
2. The petitioners claim pensionary benefits which is being denied to them 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 schools of the petitioners do not fulfill.
3. Learned counsel for the petitioners 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. 9647 of 2017.
4. In view thereof, in the considered opinion of the Court, no relief can be granted to the petitioners, for the present, as there are specific statutory provisions which do not make them entitled to pensionary benefits. The contention of learned counsel for Patna High Court CWJC No.2106 of 2017 dt.21-02-2018 3/4 the petitioners 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 petitioners, unless it is established that the same is to be done as a matter of right.
5. 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.
6. Learned counsel for the State submitted that grants-in- aid are regularly being released to the University for payment after considering the budget sent by the University.
7. Be that as it may, in view of the admitted position that the Statutes, as of now, does not permit payment of retiral benefits to the petitioners as they do not fall in the category of affiliated colleges which have a minimum 250 students appearing every year for the last 10 years, the writ petitions stand disposed off. However, depending on the outcome of C.W.J.C. No. 9647 of 2017, the case of the petitioners 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 Patna High Court CWJC No.2106 of 2017 dt.21-02-2018 4/4 University shall ensure that the benefit is given to the petitioners without them having to approach the Court again.
(Ahsanuddin Amanullah, J) Anjani/-
AFR/NAFR U