IN THE HIGH COURT OF JUDICATURE AT PATNA 1. CWJC No.2441 of 2001 DR.(MRS.) SAROJINI SINHA Versus THE STATE OF BIHAR & ORS With 2. CWJC No.3292 of 2002 PROFESSOR HARGOVIND SINHA Versus MAGADH UNIVERSITY & ORS With 3. CWJC No.7460 of 2002 RAM PRAVESH SINGH Versus THE MAGADH UNIVERSITY & ORS With 4. CWJC No.9709 of 2003 DAROGA CHOUDHARY Versus THE MAGADH UNIVERSITY & ANR. With 5. CWJC No.10615 of 2003 SRI RAMADHAR SINGH Versus MAGADH UNIVERSITY & ORS With 6. CWJC No.11410 of 2003 PROF.RAM NARESH PRASAD SINHA Versus THE STATE OF BIHAR & ORS With 7. CWJC No.11790 of 2003 SHRI NARESH SHARMA Versus THE STATE OF BIHAR & ORS With 8. CWJC No.13196 of 2004 DR.(MRS.)SHEFALI MAHATO Versus THE STATE OF BIHAR & ORS With 9. CWJC No.14716 of 2004 LILA DEVI @ LILA SAHAY Versus THE V.C.,MAGADH UNIVERSITY & ORS With 10. CWJC No.15533 of 2004 MADHUSUDAN PRASAD Versus THE V.C.,MAGADH UNIVERSITY & ORS With 11. CWJC No.16091 of 2004 SUMITRA DEVI Versus THE STATE OF BIHAR & ORS With 12. CWJC No.16333 of 2004 VISHWANATH SINGH Versus THE V.C.OF MAGADH UNIVERSITY & ORS. With 13. CWJC No.196 of 2005 MUSAFIR YADAV Versus THE STATE OF BIHAR & ORS With 14. CWJC No.268 of 2005 RAMDEO RAM Versus THE MAGADH UNIVERSITY & ORS With 15. CWJC No.444 of 2005 DR.PREM KUMAR KHANDELWAL - 2 - Versus THE STATE OF BIHAR & ORS With 16. CWJC No.445 of 2005 ASHA SINHA Versus THE STATE OF BIHAR & ORS With 17. CWJC No.562 of 2005 ASHOK KUMAR Versus THE V.C.,MAGADH UNIVERSITY & ORS With 18. CWJC No.1234 of 2005 DR.(PROF.)NIKHILESH KUMAR Versus THE STATE OF BIHAR & ORS With 19. CWJC No.2661 of 2005 DR.RAM PADARATH SAHA Versus THE STATE OF BIHAR & ORS With 20. CWJC No.3016 of 2005 PHULO DEVI Versus THE V.C.,MAGADH UNIVERSITY & Ors. 21. CWJC No.3074 of 2005 SMT.MADHURI DEVI Versus THE MAGADH UNIVERSITY & ORS With 22. CWJC No.3196 of 2005 UMA PANDEY Versus THE STATE OF BIHAR & ORS With 23. CWJC No.3365 of 2005 DR.KALIKA PRASAD THAKUR Versus THE MAGADH UNIVERSITY & ORS With 24. CWJC No.3418 of 2005 KUSHESHWAR PD.SINGH CHOUHAN Versus THE MAGADH UNIVERSITY & ORS With 25. CWJC No.3586 of 2005 RAM LAGAN PRASAD SINGH Versus MAGADH UNIVERSITY & ORS With 26. CWJC No.3596 of 2005 DR.USHA KUMARI Versus THE STATE OF BIHAR & ORS With 27. CWJC No.3664 of 2005 DHARAM RAJ ROY Versus THE STATE OF BIHAR & ORS With 28. CWJC No.3796 of 2005 DR.MD.MAHBOOB ALA QURAISHI Versus THE STATE OF BIHAR & ORS With 29. CWJC No.6399 of 2005 DR.DINANATH SHARAN Versus THE STATE OF BIHAR & ORS With 30. CWJC No.45 of 2006 - 3 - DR.GULAB CHANDRA PD.ABHAY Versus THE STATE OF BIHAR & ORS With 31. CWJC No.124 of 2006 DR.SATYENDRA NARAYAN SINGH @ SATYENDRA NR. SINGH Versus THE STATE OF BIHAR & ORS With 32. CWJC No.135 of 2006 MOST.JEERAWA DEVI Versus THE STATE OF BIHAR & ORS With 33. CWJC No.154 of 2006 PROF.(RTD.)DR.KEDAR NATH SINGH Versus V.C.,MAGADH UNIVERSITY & ORS With 34. CWJC No.502 of 2006 TRIBHUWAN NATH SINHA & ORS Versus THE STATE OF BIHAR & ORS With 35. CWJC No.936 of 2006 PUSHPA VARMA Versus THE STATE OF BIHAR & ORS With 36. CWJC No.1675 of 2006 GYANESHWAR KUMAR & ANR Versus THE STATE OF BIHAR & ORS With 37. CWJC No.1833 of 2006 RAM SAGAR SHARMA Versus THE STATE OF BIHAR & ORS With 38. CWJC No.1975 of 2006 MUNIA DEVI Versus MAGADH UNIVERSITY & ORS With 39. CWJC No.3335 of 2006 DR.SMT.ASHA MISHRA Versus THE MAGADH UNIVERSITY & ORS With 40. CWJC No.4447 of 2006 RAMESHWAR SHARMA Versus THE STATE OF BIHAR & ORS With 41. CWJC No.5008 of 2006 SUCHITRA KUMARI Versus THE MAGADH UNIVERSITY & ORS With 42. CWJC No.5092 of 2006 KHALIDA KHATOON Versus MAGADH UNIVERSITY & ORS With 43. CWJC No.5433 of 2006 MEERA TIWARY Versus THE V.C.,MAGADH UNIVERSITY &OR With 44. CWJC No.5479 of 2006 DR.(PROF.)ANAND PRAKASH SINGH Versus - 4 - THE STATE OF BIHAR & ORS With 45. CWJC No.6050 of 2006 PROF.KAMLESH PRASAD SINGH Versus MAGADH UNIVERSITY & ORS With 46. CWJC No.6074 of 2006 MAJOR BALBIR SINGH BHASIN Versus THE MAGADH UNIVERSITY & ORS With 47. CWJC No.6313 of 2006 ACHARYA CHANDRASHEKHAR MISHRA Versus THE STATE OF BIHAR & ORS With 48. CWJC No.6376 of 2006 NARMADESHWAR DUBEY Versus THE STATE OF BIHAR & ORS With 49. CWJC No.6642 of 2006 MALA DEVI Versus THE STATE OF BIHAR & ORS With 50. CWJC No.8225 of 2006 SURESH CHANDRA YADAVA Versus THE STATE OF BIHAR & ORS With 51. CWJC No.8237 of 2006 MRS.USHA KIRAN KHAN Versus THE STATE OF BIHAR & ORS With 52. CWJC No.9127 of 2006 RAMESHWAR JHA Versus THE STATE OF BIHAR & ORS With 53. CWJC No.9365 of 2006 PROF.DR.RAM SAKAL SINGH YADAV Versus THE MAGADH UNIVERSITY & ORS With 54. CWJC No.9692 of 2006 KANHAIYA SHARMA Versus THE MAGADH UNIVERSITY & ORS With 55. CWJC No.10316 of 2006 RAMA KANT PRASAD SINGH Versus THE MAGADH UNIVERSITY & ORS With 56. CWJC No.10618 of 2006 MOSAMAT SITA SHARMA Versus MAGADH UNIVERSITY & ORS With 57. CWJC No.10921 of 2006 PROF.(DR.)GURCHARAN SINGH CHAWLA Versus THE STATE OF BIHAR & ORS With 58. CWJC No.11051 of 2006 PROF.(DR.)AWADHESH PRASAD Versus THE STATE OF BIHAR & ORS With 59. CWJC No.11433 of 2006 - 5 - NARENDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS With 60. CWJC No.11512 of 2006 DR.RAM DUTT SINGH Versus THE STATE OF BIHAR & ORS With 61. CWJC No.11740 of 2006 REETA RANI SINGH Versus THE V.C.,MAGADH UNIVERSITY & ORS With 62. CWJC No.12036 of 2006 PROF.(DR.)INDRADEO PRASAD Versus THE STATE OF BIHAR & ORS With 63. CWJC No.12085 of 2006 UPENDRA SINGH Versus THE MAGADH UNIVERSITY & ORS With 64. CWJC No.12134 of 2006 RAM BARAN PRASAD Versus THE MAGADH UNIVERSITY & ORS With 65. CWJC No.12173 of 2006 SMT.MEENA DEVI Versus MAGADH UNIVERSITY & ORS With 66. CWJC No.12294 of 2006 DR.(PROF.)NAWAL KISHORE SINGH Versus THE MAGADH UNIVERSITY & ORS With 67. CWJC No.12790 of 2006 RAJENDRA PRASAD Versus THE STATE OF BIHAR & ORS. With 68. WJC No.12989 of 2006 GHANSHYAM PRASAD Versus THE STATE OF BIHAR & ORS With 69. CWJC No.13540 of 2006 Dr. SHAIL KUMARI Versus THE STATE OF BIHAR & ORS With 70. CWJC No.13949 of 2006 DR.PROF.PASHUPATI SINGH Versus THE STATE OF BIHAR & ORS With 71. CWJC No.14019 of 2006 ISHWAR CHANDRA PANDIT Versus THE MAGADH UNIVERSITY & ORS With 72. CWJC No.14028 of 2006 LAULSI DEVI Versus THE STATE OF BIHAR & ORS With 73. CWJC No.14102 of 2006 UMESH PRASAD Versus THE STATE OF BIHAR & ORS - 6 - With 74. CWJC No.14113 of 2006 SITA RAM Versus THE MAGADH UNIVERSITY & ORS With 75. CWJC No.14166 of 2006 BADRI NARAYAN SINGH Versus THE STATE OF BIHAR & ORS With 76. CWJC No.14506 of 2006 DR.CHITTARANJAN SINHA Versus THE STATE OF BIHAR & ORS With 77. CWJC No.14592 of 2006 ARJUN RAM Versus THE STATE OF BIHAR & ORS With 78. CWJC No.14851 of 2006 AMBIKA PRASAD SHARMA Versus THE STATE OF BIHAR & ORS With 79. CWJC No.15948 of 2006 DR.CHANDRA NARAYAN ROY Versus THE STATE OF BIHAR & ORS With 80. CWJC No.16185 of 2006 ANIRUDH KANT DAS Versus MAGADH UNIVERSITY & ORS With 81. CWJC No.658 of 2007 DEO NANDAN PRASAD Versus THE V.C.,MAGADH UNIVERSITY & ORS With 82. CWJC No.674 of 2007 BAL KISHUN SAO Versus THE STATE OF BIHAR & ORS With 83. CWJC No.1082 of 2007 BINAY KRISHNA SINHA Versus THE STATE OF BIHAR & ORS With 84. CWJC No.1332 of 2007 MD.SADIQUE @ MD.SADIQUI Versus MAGADH UNIVERSITY & ORS With 85. CWJC No.1346 of 2007 USHA DEVI Versus THE STATE OF BIHAR & ORS With 86. CWJC No.3405 of 2007 VIDYARTHI KAPILDEO NR.SINGH Versus THE MAGADH UNIVERSITY & ORS With 87. CWJC No.3499 of 2007 MOST.BASANTI SINGH Versus THE STATE OF BIHAR & ORS With 88. CWJC No.4106 of 2007 DR.SHYAM NARAIN PRASAD - 7 - Versus THE STATE OF BIHAR & ORS With 89. CWJC No.4107 of 2007 DR.NARESH PRASAD SINGH Versus THE STATE OF BIHAR & ORS With 90. CWJC No.4108 of 2007 PROF.RAGHUBAR DAYAL SINGH Versus THE STATE OF BIHAR & ORS With 91. CWJC No.4347 of 2007 DR.RAJENDRA PRASAD SINHA Versus THE STATE OF BIHAR & ORS With 92. CWJC No.4977 of 2007 DR.MALIK PRASAD SINHA Versus THE V.C.,MAGADH UNIVERSITY & ORS With 93. CWJC No.5003 of 2007 DR.(PROF.)KEDAR PRASAD SINGH Versus THE V.C.,MAGADH UNIVERSITY & ORS With 94. CWJC No.5134 of 2007 SARASWATI DEVI Versus THE V.C.,MAGADH UNIVERSITY & ORS With 95. CWJC No.5272 of 2007 MOSTT.MADHURI VERMA Versus THE STATE OF BIHAR & ORS With 96. CWJC No.5822 of 2007 DR.DEVENDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS With 97. CWJC No.12633 of 2006 Saraswati kumari Versus THE STATE OF BIHAR & ORS ----------- O R D E R 12/ 28.07.2008 Heard learned counsels for the petitioners, learned counsels for the University and learned counsels for the State. This order is being passed by this Court with consent of the parties. This batch of cases are all against Magadh University in which retired employees or their beneficiaries claim that monetary entitlements in the form - 8 - of retiral benefits or death-cum-retiral benefits on account of their own retirement or on account of death in harness of the concerned teaching/non-teaching employee of the University or some dues with regard to arrears on account of revision of pay-scale still remains due with the University. In none of the cases University has denied the entitlement of its concerned employee, on account of his retirement or death, under most of the items claimed, except raising some dispute in some of the cases with regard to rate of calculation, date of entitlement or expressing its inability to pay the amount, due to paucity of fund and failure on the part of State Government to release sufficient fund to clear its up-to-date liabilities towards its employees retired or died in harness so far. There is no dispute at the Bar that, as per law, in all cases, responsibility of initiating the process at least six months prior to his scheduled date of retirement, for payment of retiral benefits and sanction of pension to the retiring employee, lies on the Head of the Institution or the Registrar of the University. It may be useful to reproduce herein, in particular, some relevant provisions from Chapter II of „PROCEDURAL INSTRUCTIONS REGARDING SANCTION AND PAYMENT OF RETIREMENT BENEFITS ADMISSIBLE UNDER THE STATUTES FOR THE GRANT OF RETIREMENT BENEFITS TO EMPLOYEES OF THE UNIVERSITIES OF BIHAR (EXCEPT PATNA UNIVERSITY)‟ (with emphasis supplied herewith): “7. The Heads of Institutions in the case of non-teaching staff serving in Colleges/Departments/Institutions and the Registrar in all other cases will draw up a list of persons due for superannuation during the next financial year, by the 1st of August each year. These lists will be drawn in three parts-one of those who have opted for G.P.Fund- - 9 - cum-Pension-cum-Gratuity Scheme, another for those who have opted for G.P.Fund-cum-Gratuity Scheme and the last of those who have opted only for G.P.Fund Scheme. The list of those persons who have opted for G.P.Fund-cum- Pension-cum-Gratuity Scheme as also of those who have opted for G.P.Fund-cum-Gratuity Scheme, will be sent to the Provident Fund Section, for preparation of the budget estimates for pension and gratuity for the next year. These lists will indicate the length of service of these individuals will have on the date of their retirement and the rate of pay reckonable for pension that they will be drawing during the last ten months of their service. In the case of teaching staff, a copy of the list will be sent by the Registrar to the Heads of Institutions where they are serving. 8. At least six months before the date of retirement on superannuation of an employee, the Head of the Institution and the Registrar in the case of employees in the University office will initiate the proposal for grant of pension and gratuity in the case of persons who have opted for G.P.Fund-cum-Pension-Gratuity Scheme and gratuity only in the case of those who have opted for G.P.Fund-cum-Gratuity Scheme. An application in the form enclosed at Annexure IV will be prepared by the Head of the Institution/Registrar for this purpose. These applications will be accompanied by two slips on quarter sheet of paper bearing specimen signatures of the applicant and his/her wife/husband and two joint photographs of husband-wife, both duly attested by a gazetted officer or an officer of the University or Principal of the college concerned. In the case of Pardanashin ladies, joint photographs may not be furnished along with the application. In such cases thumb and finger impressions or specimen signatures in the case of those who are literate and particulars of height and personal marks, shall be required to be furnished in duplicate, on two separate sheets, duly attested by a gazetted officer or an officer of the University or the Principal of the college concerned. The applicant shall also furnish thumb and finger impressions or specimen signatures (if literate) and personal marks of them, spouses, in duplicate on two separate sheets duly attested by a gazetted officer or an officer of the University or Head of the Institutions. In addition to the above, the following certificates shall be obtained from the employee and enclosed with the application: “I hereby declare that I have neither applied for nor received any pension or gratuity in respect of any portion of the - 10 - service included in this application and in respect of which pension or gratuity is claimed herein nor shall submit an application hereinafter without quoting a reference to this application and to the orders which may be passed thereon.” 9. After completion of the application as above, the Head of the Institution where the employee is serving and the Registrar in the case of employee serving in the University office will forward the applications along with the service record to the Provident Fund Section for processing. The application for pension and/or gratuity completed as stated above, will be forwarded along with the service record of the employee, to the Provident Fund Section. That Section will check the application with the service record of the employee concerned to verify the length of service in all cases and also the rate of emoluments in the case of non- teaching staff serving in College/Departments/Institutions. If need be, the pay bills for such staff will be obtained for verification from the Colleges/Department/Institutions. The rate of emoluments in other cases will be got verified from the salary paying section. Thereafter the proposed rates of pension and gratuity will be checked and the pension application put up to the Vice-Chancellor, stating specifically the amount of pension/gratuity admissible to the applicant under the rules. 10. On receipt of orders of Vice- Chancellor as above, the Pension and Gratuity Section will ask the applicant to furnish `No demand certificates‟ from the various Departments concerned if not already received. When these are received, a pension payment order in the form enclosed at Annexure-VI for payment of pension and/or gratuity, as the case may be, issued by the Pension and Gratuity Section authorising payment of pension and/or gratuity as approved by the Vice-Chancellor. The payment of pension will commence from the first of the second month following the date of the employee‟s retirement i.e. a person retiring on 31.3. will be paid his first pension for the month of April, on 1.5. The amount of gratuity, will, however, be payable immediately after retirement. If due to any reason verification of the records of any employee who has retired and has applied for payment of the pension, gratuity etc. due to him, is delayed beyond one month of the date of retirement of the employee, provisional pension will be paid to the employee to the extent of 90% of the expected pension due to be paid to the employee, and this provisional pension shall start being paid - 11 - to the retired employee not later than from the second month of the date of retirement of the employee. Provided further that if the verification etc. of records is not completed even after one month of the date of retirement of the employee, and the pension of the retired employee is not determined on that account for a period of ten months from the date of retirement of the employee, the provisional pension to the extent of 90% of the expected pension as being paid as above, shall be suitably raised to 100% of the expected pension, and be finally regarded as the pension to which the employees shall be entitled.” 11. Provident Fund Section, will forward to the Bank with whom the Pension & Gratuity Fund is maintained the original copy of the Pension Payment Order, an attested copy of the employ‟s and his/her spouse‟s specimen signatures, as well as an attested copy of the joint photograph of the employee and his/her wife/husband, as the case may be. In the case of Pardanasheen ladies personal marks will be sent, instead of joint photographs. The following seal will be embossed on the original copy of the P.P.O.” Thus it is apparent that, at no stage of the process of settlement of his claims, any responsibility lies with the retiring employee to take initiative in the matter, except for complying with directions of the concerned authorities of the Institution or the University requiring him to furnish his photograph, to put his signature on relevant papers, to furnish no demand certificates, so on and so forth. It is apparent that, at all point of time, and in all cases, it is the statutory duty of the Head of the Institution or the Registrar, as the case may be, to see that entire claims of the retiring employee, are calculated, settled and paid to him immediately upon his retirement and his pension starts from the next month. But, the present batch of cases makes it abundantly clear that in case of none of the employees, - 12 - retired or died in the employment of the University, the concerned Head of the Institution or the Registrar of the University has performed its statutory duty, resulting into non-payment of many of the lawful and admitted dues of its employees even months and years after his retirement or death, causing immense hardship to the employee in the last stage of his life and to the family dependent upon him, besides causing pecuniary loss to him by way of interest on the amount to which he became entitled on the day of his retirement itself, forcing him to enter into prolonged and expensive litigation. In the circumstances, this Court is of the view that the concerned Head of the Institutions or the Registrar of the University or any authority of the Institution or the University, who may be found liable for the delay in the matter must be personally made liable to pay penal interest on all the lawful amount due to an employee as well as for payment of cost of, otherwise unnecessary, litigation in this Court. However, since the cases are pending in this Court from before the subject matter was assigned to this Bench, and with a view not to take the respondents and officials of the University/Institutions by surprise, this Court is inclined to give a last opportunity to them to perform their statutory duty cast upon them by the Statute by way of adjournment of three months with the following directions to the Head of the Institution concerned and the Registrar of the University:- (a) Before the next date fixed in this batch of cases, they shall see to it that all admitted and - 13 - lawful dues of the concerned employee of the University are calculated, settled and paid to him/her or his/her beneficiaries. (b) They shall see to it that all calculations are made as per the rates of entitlement, including that of the pay-scale admissible from time to time, of the employee concerned, as laid down in the relevant Act/ Statutes/ Rules/ Regulations/ Notifications etc. as applicable at the relevant time or as made applicable by judicial pronouncement or interpretations made in the matter. Any miscalculation, resulting into short or excess payment to the employee concerned or his beneficiary shall be treated as non-compliance or wrong compliance of order of this Court and shall be viewed seriously. (c) Details of calculation under each head, with mention of relevant provision of law or judicial pronouncement, as the case may be, in the margin of the calculation, along with cheque/draft of the amount found payable (except where it is directly creditable in the account) shall be served on the employee or his/her beneficiary at his/her known place of residence, or shall be sent through insured registered post, if the entire family has shifted its residence out side the State. For this, address of the employee or his/her beneficiary shall be verified beforehand, if required. This exercise must be completed latest by two weeks - 14 - prior to the next date fixed in this batch of cases. (d) In case, any specific claim raised by the petitioners in the respective writ petition is found not payable, a specific order in this regard shall be passed by the Vice Chancellor with reference to the specific provision of law or judicial pronouncement and shall be made available to the employee or his/her beneficiary along with the details of calculation and the cheque/draft as aforesaid. (e) Latest by one week prior to the date fixed in this batch of cases, the Head of the Institution concerned or the Registrar of the University, as the case may be, shall file a personal affidavit in each and every case, with copy served on the learned counsel for the petitioner, certifying that, to his personal satisfaction, entire lawful dues of the employee has been paid to the employee or his beneficiary and shall also enclose copies of the details of calculation and the cheque/draft as served/sent to the employee or his beneficiary in terms of (c) above, and shall also enclose copy of registration receipt, as the case may be . With the affidavit, a copy of the order of the Vice- Chancellor, if any, denying any specific claim of the petitioner, and served upon the employee or his/her beneficiary in the manner indicated above, shall also be enclosed. (f) In case, any lawful amount of the concerned - 15 - employee remains due to be paid to him or his beneficiary, and no order denying the claim is served upon the employee or his/her beneficiary in the manner indicated above, the Head of the Institution or the Registrar, as the case may be, shall disclose in his personal affidavit the name and details of the employee or officer due to whose lapses or due to whose fault the amount remained unpaid. In case the name and details of the employee/officer responsible for non-payment of any lawful amount of the employee concerned is not disclosed in such personal affidavit, the Head of the Institution concerned or the Registrar, as the case may be, shall be assumed to be personally responsible for the said lapse or default. (g) In case of outstanding arrears of salary on account of revision of pay-scale of teachers of the University w.e.f. 1.1.1996, and in case University finds itself unable to pay the same due to paucity of fund, it shall calculate the amount payable separately to each of the employee concerned of the present batch of cases and send a requisition to the State Govt. separately with all details of revision and fixation of pay-scale, with reference to relevant Act/ Statutes/ Rules/ Regulations/Notifications etc. as applicable at the relevant