Yogendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4035 of 2024 ====================================================== Yogendra Thakur, S/o Late Ramadhin Thakur, resident of Ward No. -3, Dumari, P.O.- Dumri, P.S.- Beldour, District- Khagaria, Bihar- 852161. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director cum Special Secretary, Higher Education Department, Government of Bihar, Patna.

3.

The Tilka Manjhi Bhagalpur University through the Vice Chancellor. 4.

The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5.

The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 6.

The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 7.

The Principal in Charge K.D.S. College, Gogri (Khagaria). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar Singh, Advocate For the Respondent/s :

Mr. Nawal Kishore Singh, AC to GP- 26 For the University :

Mr. Ashhar Mustafa, Advocate Ms. Anita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-02-2025 Heard Mr. Neeraj Kumar Singh, learned Advocate for the petitioner and learned Advocate for the University as well as State.

2. The petitioner after serving more than 36 years on the post of Professor in Political Science, K.D.S., College, Gogri, Khagaria superannuated on 31.03.1998. On being superannuated, the petitioner has been accorded all the pensionary benefits.

Patna High Court CWJC No.4035 of 2024 dt.06-02-2025 2/3

3. It is the contention of the petitioner that despite the fact that the petitioner has attained the age of 80 years, later on 85 years, till date he has not been accorded the additional enhanced pension over the basic pension in terms of the resolution issued by the Education Department, contained in Memo No. 593 dated06.03.2019. Under such compelling circumstances, the petitioner has approached this Court seeking a direction upon the respondent concerned to re-fix his pension in the revised pay scale with effect from 01.01.2016 and to pay the arrears of difference of pension and further 20% of additional quantum of pension after completion of 80 years and thereafter 30% additional quantum of pension, after completion of 85 years.

4. For redressal of his grievance, the petitioner has brought this fact to the knowledge of the Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur (hereinafter referred to as 'the University') by filing representation, but the same has not been redressed.

5. Learned Advocate for the University prays for a short adjournment to ensure filing of the counter affidavit.

6. Considering the nature of the grievance, this Court instead of directing the learned Advocate for the

Patna High Court CWJC No.4035 of 2024 dt.06-02-2025 3/3 University to ensure filing of the counter affidavit, deems it proper to dispose of the writ petition with a direction to the Registrar of the University to consider the claim of the petitioner for revised pension as well as 20% additional enhancement of pension in basic pension on account of completion of 80 years of age and further 30% additional enhancement of pension on attaining the age of 85 years preferably within a period of twelve weeks from today.

7. Suffice it to observe that if the claim of the petitioner finds favour, all the necessary monetary benefits, including the arrears, must be paid to him within the stipulated period.

8. The writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2025 Transmission Date NA