Urmila Kumari, a 66 year old retired teacher is waiting for her pension since January 2019. Civil Writ Jurisdiction Case No. 3871/2022 was filed on March 3, 2022 on behalf of Urmila Kumari. It was registered on March 8, 2022. The writ was filed against the State of Bihar, the Principal Secretary, Education Department, Government of Bihar, Patna, the Regional Education Department Director, Patna Division, Patna, the Regional Education Deputy Director, Patna Division, Patna and the District Programme Officer (Establishment), Patna-cum-Inquiry Officer, Patna for the purpose of admission. The case is listed for admission at Cause List Serial No.: 20 before Court No. 18 of Justice Nani Tagia on May 5, 2025. It was taken up by him April 28, 2025 but the Court passed an order in by Urmila Kumari vs. The State of Bihar & Ors. saying, "On the prayer of learned counsel for the petitioner, list this case on 05.05.2025." It was adjouned on April 28, 2025. Between April 2022-April 2025, so far the High Court has given seven routine orders in this case.
Notably, Urmila Kumari used to get pension during August 2018-December 2018 but the same has been withheld because 29 years after serving as assistant teacher departmental inquiry was initiated post her retirement on January 5, 2019 disregarding Supreme Court's decision in State of Bihar v. Md. Idris Ansari 1995 Supp 3 SCC 6 which is binding. It held that such departmental proceedings shall have to be in respect of misconduct which took place not more than four years before the initiation of such proceedings. In the case Urmila Kumari neither the limitation period of four years have been adhered to nor has any misconduct been alleged. The State Government flouted all principles of fairness in undertaking departmental inquiry and also violated the specific rules of procedure.
Also read: Patna High Court Chief Justice led Bench imposes costs on Bihar State
Post retirement pensions cannot be withheld because of pending enquiry proceedings
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