In a significant development, the Patna High Court (HC) delivered a verdict last week that granted relief to the renowned 71-year-old Indian folk and classical singer, Padmabhushan Sharda Sinha. The court's decision set aside a government order that had led to the cessation of pension and other retirement benefits for the artist. The matter revolved around a dispute between Sharda Sinha and her employer, Lalit Narayan Mithila University (LNMU) in Darbhanga.
The court ruling, delivered by Justice Harish Kumar, came in response to two writ petitions filed by Sharda Sinha and another LNMU professor, Dr. Uday Kant Mishra. The central issue was the government order based on which the university had halted the payment of pension and other legitimate terminal dues to Sharda Sinha. The court observed that if an employee had been accorded all the benefits of a regular employee, such as a regular salary, increment, promotion leading to regularization, and unconditional superannuation with all the retirement benefits, then they were unequivocally a regular holder of the post.
Justice Harish Kumar's verdict highlighted the necessity for adhering to statutory rules and regulations when terminating services or canceling regularization. The court emphasized that once a right had been created or vested in favor of the petitioners, it could not be unilaterally divested in a casual and cavalier manner without due process, such as providing a show cause notice or a proper opportunity for a hearing.
The root of the dispute lay in a letter dated 07.02.2022 issued by the Education Department, Bihar, Patna, which resulted in the withholding of Sharda Sinha's pay slip by the Pay Verification Cell duly constituted by the State Government. This, in turn, prompted the university to stop the payment of her monthly pension and other legitimate terminal dues, including salary differences.
The Director, Higher Education, Govt. of Bihar, New Secretariat, issued an order on 20.02.2023, declaring the service of the petitioners, including Sharda Sinha, as illegal. Subsequently, another letter dated 22.02.2023 informed Sharda Sinha that, in light of the aforementioned order, no benefits would be provided to her with immediate effect.
Sharda Sinha's professional journey traces back to her appointment as a Lecturer in the Music Department at Women's College, Samastipur, in 1977. In 1982, the State Government sanctioned a second lecturer post in various subjects, including Maithali, Music, Urdu, and Sociology, at Mahila College, Samastipur. Sharda Sinha's lecturer post was duly approved.
Despite her absorption under the 3rd Absorption Statute being considered by the Chancellor, only some teachers were absorbed, leaving Sharda Sinha and 12 others pending. In 2016, the University directed the Principal of Women's College to provide information about Sharda Sinha. The Principal recommended Sharda Sinha's service regularization, considering her extensive service as an Assistant Professor. Following this recommendation, the Post Creation, Absorption, and Confirmation Committee, approved by the Syndicate and the Chancellor, regularized Sharda Sinha's services as an Assistant Professor in the Department of Music at Women's College, Samastipur.
Subsequently, Sharda Sinha received time-bound promotions to Reader from September 15, 1992. Her pay scale was revised over the years until her superannuation in 2017. After retirement, she received regular pension payments for five years. However, on February 20, 2023, the Director of Higher Education, Government of Bihar, issued the impugned order, withholding Sharda Sinha's pay slip and stopping her salary.
In rendering its verdict, the court drew upon the legal precedent established in the case of Secretary, State of Karnataka and Others v. Uma Devi (2006), emphasizing the importance of following proper procedures and the unlawfulness of revoking established employment benefits without due process. The decision serves as a reaffirmation of the principles of justice and fair play in employment matters, particularly in the context of public institutions and government orders.
TAGS: Patna High Court Sharda Sinha Padmabhushan Lalit Narayan Mithila University (LNMU) Pension Retirement benefits
