The Patna High Court has reprimanded the Vice Chancellor of the Darbhanga Sanskrit University over non-payment of retiral dues to the former night guard of the University.

The High Court disposed of a Petition seeking directions to make payment of pension along with other pre and post-retirement dues to the petitioner. The Court observed that the non-fixation of retiral dues of the retired employees after two and a half years was pathetic and such retiral dues must be settled within six weeks from the date of the order.

The Bench of Justice Purnendu Singh observed, “It is very pathetic that even the pension of the petitioner has not been fixed. The Vice-Chancellor / Registrar of the University is directed to make payment of all the retiral dues including pension along with statutory interest admissible to the petitioner in accordance with law within a period of six weeks from the date of receipt of this order”.

Advocate Ashok Kumar Choudhary appeared for the Petitioner, Advocate Shankar Kumar Thakur appeared for the State/Respondent no 1 and Advocate Deepak Kumar appeared for the University/ Respondent no 2.

The Petitioner retired from the post of Night Guard (Class IV Post) at the university but was not issued a no-dues certificate after his retirement. Allegedly, the university did not the pension of the Petitioner. The Petitioner contended that non-payment of pensionary benefits was a denial of the fundamental right of the petitioner and therefore violative of Article 300A of the Constitution of India.

“In case of failure, the Vice-Chancellor of the University will be liable to make payment of the retiral dues which has been claimed by the petitioner in the present case from his own pocket”, the Court noted.

Accordingly, the Court disposed of the Petition and directed the Vice-chancellor to make payment of all the retiral dues including pension along with statutory interest admissible to the petitioner within six weeks.

Cause Title: Navalkishor Singh v. The State of Bihar (through the Principal Secretary, Department of Higher Education)

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Patna High CourtJustice Purnendu Singh

Jayanti Pahwa