PATNA HIGH COURT ISSUES JUDGEMENT ON KISHORI MANDAL V/S THE T.M. BHAGALPUR UNIVERSITY AND OTHER

PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard Mr. Purushottam Kumar Jha, along with Mr. Ram Naresh Jha and Mr. Bishwash Vijeta, learned counsels appearing on behalf of the petitioner; Ms. Binita Singh, learned SC 28 along with Mr. Kumar Kamal Nayan, learned AC to SC 28 for the State and Mr. Dr. Anand Kumar, learned counsel appearing on behalf of the T.M. Bhagalpur University, Bhagalpur.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

"(i) Issuance of an Order, Direction or a Writ in the nature of Certiorari quashing Office Order No. 89/2020 dated 04.05.2020 issued by the Registrar of the T.M.Bhagalpur University, Bhagalpur, whereby the petitioner has not only been made to retire from the services of the T.M.Bhagalpur University Press with retrospective effect from 31.08.2018 but thereby it has further been ordered for the recovery of the amount of salary paid to the petitioner after 31.08.2018.

A true copy of Office Order No. 89/2020 dated 04.05.2020 is annexed as Annexure-1 to this writ petition.

(ii) Issuance of an Order, Direction or a Writ in the nature of Mandamus commanding the Respondents concerned to treat the petitioner in the services of the T.M.Bhagalpur University Press, Bhagalpur till 31.05.2020 (the due date of petitioner's retirement on the basis of age of retirement being 62 years), followed with the payment of all its consequential benefits including the payment of all due terminal benefits

(iii) To hold and declare that in view of order dated 18.12.2014 passed by the Hon'ble Supreme Court of India in Civil Appeal No. 11527 of 2012 (State of Punjab & Others V/s Rafiq Masih) (Reported in), the Respondent University cannot make recovery of the amount of salary so paid to the petitioner, in lieu of the duty discharged by him in between 31.08.2018 to 04.05.2020.

(iv) For grant of any other relief or relief(s) to which the petitioner may be found entitled to in the facts and circumstances of this case."

3. Learned counsel appearing on behalf of petitioner submitted that Article 14(2) of the statute namely "General Conditions of Service of Employees of the Patna, Bihar, Ranchi, Bhagalpur, Magadh, L.N. Mithila & K.S.D. Sanskrit Universities" specifically provides that "Employees in the inferior service shall retire on attaining the age of 62 years". This way the petitioner, whose date of birth is 04.05.1958, will retire on attaining the age of 62 years, i.e. on 04.05.2020 or say 31.05.2020. By the order impugned, as contained in the Office Order No.89 of 2020 dated 04.05.2020, the petitioner has been made to retire with retrospective effect i.e. from 01.09.2018, which is in the teeth of the said statutory provisions.

4. Per contra, learned counsel appearing on behalf of respondents submitted that the University had issued an Office Order No. 26 of 2007 vide Memo bearing No. B/41301-41421 dated 17.01.2007, whereby the employees of the University were asked to get retire, who have completed 44 years of service or 62 years of age (whichever is earlier). In consonance with the aforesaid Office Order various employees of respondent University, who had completed 44 years of their service, were made to retire.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNjQ2MCMyMDIwIzEjTg==-zPduqzgopX8=

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